DECD: Title 8

The following regulations pertain specifically to the Department of Economic and Community Development.   This document is current through the 07/12/05 issue of the Connecticut Law Journal.  The document is available for downloading and printing by clicking on the following link: Title 8 (PDF-758KB)
 

Table of Contents

Title 8 Housing Regulations

Sec. 8-30g

Model Deed Restrictions for Affordable Housing Land Use Appeals Procedure

Sec. 8-30g-1

Definitions

Sec. 8-30g-2

Promulgation of list of municipalities exempt from section 8-30g of the Connecticut General Statutes

Sec. 8-30g-3

Challenges [Repealed]

Sec. 8-30g-4

Certifications [Repealed]

Sec. 8-30g-5

Repealed, January 3, 1992.

Sec. 8-30g-6

State certificate of affordable housing completion; moratorium on applicability of section 8-30g of the Connecticut General Statutes to certain affordable housing applications

Sec. 8-30g-7

Affordability plans and conceptual site plans

Sec. 8-30g-8

Maximum housing payment calculations in set-aside developments

Sec. 8-30g-9

Model Deed restriction for a set aside development

Sec. 8-30g-10

Model deed restriction for promulgation of the affordable housing appeals list

Sec. 8-30g-11

Dwelling units subject to existing restrictions

Sec. 8-37ee

Fair Housing Regulations

Sec. 8-37ee-1

Definitions

Sec. 8-37ee-2

Description

Sec. 8-37ee-3

Characteristics of affirmative fair marketing programs

Sec. 8-37ee-4

The affirmative fair housing marketing plan

Sec. 8-37ee-5

Notice of housing opportunities

Sec. 8-37ee-6

Procedures

Sec. 8-37ee-7

Requisite approvals, notifications, and reports

Sec. 8-37ee-8

Compliance meeting

Sec. 8-37ee-9

Compliance reviews

Sec. 8-37ee-10

Hearings

Sec. 8-37ee-11

Filing of testimony and exhibits

Sec. 8-37ee-12

Uncontested disposition

Sec. 8-37ee-13

Delegation of powers

Sec. 8-37ee-14

Record

Sec. 8-37ee-15

Final decision

Sec. 8-37ee-16

Petition for reconsideration of final decision

Sec. 8-37ee-17

Compliance for existing state assisted units

Sec. 8-37ee-18 through Sec. 8-37ee-299

Reserved

Sec. 8-37ee-300

General information

Sec. 8-37ee-301

Definitions

Sec. 8-37ee-302

Affirmative fair housing marketing process

Sec. 8-37ee-303

Application process

Sec. 8-37ee-304

Selection process

Sec. 8-37ee-305

Selection methodology

Sec. 8-37ee-306

Insufficient number of least likely to apply applicants

Sec. 8-37ee-307

Post occupancy requirements

Sec. 8-37ee-308

Reserved

Sec. 8-37ee-309

Recipient training

Sec. 8-37ee-310

Affirmative marketing for other grantees

Sec. 8-37ee-311

Fair housing policy statement and publicity

Sec. 8-37ee-312

Modification of requirements

Sec. 8-37ee-313

Reporting requirements

Sec. 8-37ee-314

Fair housing compliance for existing state assisted units

Sec.  8-37r

Personal Data System

Sec. 8-37r-1

Definitions

Sec. 8-37r-2

General nature and purpose of personal data systems

Sec. 8-37r-3

Categories of personal data

Sec. 8-37r-4

Maintenance of personal data

Sec. 8-37r-5

Permitted use of personal data

Sec. 8-37r-6

Disclosure of personal data

Sec. 8-37r-7

Contesting or amending personal data

Sec. 8-37r-8

Disclosure under the freedom of information act

Sec. 8-37r-9

Standard forms

Sec. 8-37y

Surplus Property Program

Sec. 8-37y-1

Definitions

Sec. 8-37y-2

Program description

Sec. 8-37y-3

Program requirements

Sec. 8-37y-4

Eligible activities

Sec. 8-37y-5

Eligible developers

Sec. 8-37y-6

Exchange process

Sec. 8-37y-7

Application process

Sec. 8-37y-8

Evaluation

Sec. 8-37y-9

Contract provisions

Sec. 8-37y-10

Restrictions on the sale or use of the property

Sec. 8-37y-11

Income limits

Sec. 8-37y-12

Reporting and access to records

Sec. 8-37y-13

Fiscal compliance and examination

Sec. 8-45

The Setting of Maximum Income Limits by Local Authorities

Sec. 8-45-1

Definitions

Sec. 8-45-2

Determination of income limit

Sec. 8-45-3

Income limits to confine projects to families unable to rent adequate accommodations

Sec. 8-45-4

Income qualification for admission to project. Exception

Sec. 8-45-5

Information to be furnished commissioner

Sec. 8-45-6

Effective date of income limit

Sec. 8-45-7

Action under prior proposals to be effective

Sec. 8-45-8

Applicability

Sec. 8-45-9

Definitions

Sec. 8-45-10

Requirements

Sec. 8-45-11

How lists are created

Sec. 8-45-12

Maintenance of lists

Sec. 8-45-13

Revision of lists

Sec. 8-45-14

Interpretation

Sec. 8-45-15

Access to waiting lists

Sec. 8-68d

Housing Stock Report Regulations

Sec. 8-68d-1

Definitions

Sec. 8-68d-2

Program description

Sec. 8-68d-3

Submission of annual housing stock report

Sec. 8-68g

Developers' Fee

Sec. 8-68g-1

Developer's fees

Sec. 8-72

Waiting Lists - Moderate Rental Projects

Sec. 8-72-1

Applicability

Sec. 8-72-2

Definitions

Sec. 8-72-3

Implementation

Sec. 8-79a

Moderate Rental Housing Program - Article I Development & Management

Sec. 8-79a-1

Definitions

Sec. 8-79a-2

Program description

Sec. 8-79a-3

Eligibility conditions

Sec. 8-79a-4

Loan allocation

Sec. 8-79a-5

Application and approval procedure (housing authorities)

Sec. 8-79a-6

Application and approval procedures

Sec. 8-79a-7

Preliminary proposal, contents and review

Sec. 8-79a-8

Formal application contents

Sec. 8-79a-9

Commissioner review

Sec. 8-79a-10

Mortgage and loan terms

Sec. 8-79a-11

Management by developers

Sec. 8-79a-12

Income limits

Sec. 8-79a-13

Income sources

Sec. 8-79a-14

Rent determination

Sec. 8-79a-15

Rent increase

Sec. 8-79a-16

Continued occupancy, income verification

Sec. 8-79a-17

Failure to comply with reverification of income

Sec. 8-79a-18

Financial reporting and access to records

Sec. 8-79a-19

Audit

Sec. 8-79a-20

Definitions

Sec. 8-79a-21

Terms and conditions

Sec. 8-79a-22

Implementation

Sec. 8-79a-23 through Sec. 8-79a-40

Reserved

Sec. 8-81a

Adaptable Housing Pilot Program

Sec. 8-81a-1

Definitions

Sec. 8-81a-2

Program description

Sec. 8-81a-3

Application

Sec. 8-81a-4

Minimum requirements

Sec. 8-81a-5

Reporting requirements

Sec. 8-116a

Waiting Lists - Elderly Housing Projects

Sec. 8-116a-1

Applicability

Sec. 8-116a-2

Definitions

Sec. 8-116a-3

Implementation

Sec. 8-116a-4

Definitions

Sec. 8-116a-5

Terms and conditions

Sec. 8-116a-6

Implementation

  

Sec. 8-119g

Congregate Housing for the Elderly

Sec. 8-119g-1

Program description

Sec. 8-119g-2

Definitions

Sec. 8-119g-3

Congregate services

Sec. 8-119g-4

Eligibility conditions of residents

Sec. 8-119g-5

Income

Sec. 8-119g-6

Authority of the commissioner

Sec. 8-119g-7

Program review criteria

Sec. 8-119g-8

Application and approval procedure

Sec. 8-119g-9

Application contents and review

Sec. 8-119g-10

Management

Sec. 8-119g-11

Fiscal policy

Sec. 8-119g-12

Audits

Sec. 8-119g-13

Applicability

Sec. 8-119g-14

Definitions

Sec. 8-119g-15

Implementation

Sec. 8-119jj

Affordable Housing Program

Sec. 8-119jj-1 through Sec. 8-119jj-15

Repealed, April 20, 1990

Sec. 8-119jj-16

Definitions

Sec. 8-119jj-17

Program description

Sec. 8-119jj-18

Eligibility

Sec. 8-119jj-19

Application approval process

Sec. 8-119jj-20

Contract for financial assistance

Sec. 8-119jj-21

Management

Sec. 8-119jj-22

Admission and continued occupancy income limits

Sec. 8-119jj-23

Rent determination

Sec. 8-119jj-24

Procedures for rent changes

Sec. 8-119jj-25

Program and financial reporting

Sec. 8-119jj-26

Fiscal compliance and examination

Sec. 8-119jj-27

Definitions

Sec. 8-119jj-28

Terms and conditions

Sec. 8-119jj-29

Implementation

  
  
 Sec. 8-119kk  Elderly Rental Assistance Program (ERAP)
 Sec. 8-119kk-1  Definitions
 Sec. 8-119kk-2  Program Description
 Sec. 8-119kk-3  Fair Housing and Equal Opportunity Requirements
 Sec. 8-119kk-4  Grantee and Tenant Eligibility and Selection
 Sec. 8-119kk-5  Rental Assistance Computation
 Sec. 8-119kk-6  Recertification of Household Income
 Sec. 8-119kk-7  Disbursement of Funds
 Sec. 8-119kk-8  Reporting Requirements and Audits

Sec. 8-119t

Independent Living for Handicapped and Developmentally Disabled Persons

Sec. 8-119t-1

Definitions

Sec. 8-119t-2

Program description

Sec. 8-119t-3

Eligible developers

Sec. 8-119t-4

Eligible activities

Sec. 8-119t-5

Application process

Sec. 8-119t-6

Contract for financial assistance

Sec. 8-119t-7

Reporting and access to records

Sec. 8-119t-8

Fiscal compliance and examination

Sec. 8-169w

Urban Homesteading Program

Sec. 8-169w-1

Definitions

Sec. 8-169w-2

Program description

Sec. 8-169w-3

Eligibility

Sec. 8-169w-4

Application process

Sec. 8-169w-5

Contract for financial assistance

Sec. 8-169w-6

Use of funds

Sec. 8-169w-7

Repealed, March 28, 1989

Sec. 8-169w-8

Financial reporting and access to records

Sec. 8-169w-9

Fiscal compliance and examination

Sec. 8-169w (c)-1 through Sec. 8-169w (c)-5

Repealed, June 30, 1987

Sec. 8-198

Municipal Development Projects

Sec. 8-198-1

Definitions

Sec. 8-198-2

General eligibility requirements

Sec. 8-198-3

Eligibility requirements for planning and special planning grants

Sec. 8-198-4

Application procedure for planning and special planning grants

Sec. 8-198-5

Determination of the amount of funding for planning and special planning grants

Sec. 8-198-6

Requirements for the adoption and approval of the project plan

Sec. 8-198-7

Modification of the project plan

Sec. 8-198-8

Eligibility requirements for development and special development grants

Sec. 8-198-9

Application procedure for development and special development grants

Sec. 8-198-10

Determination of the amount of funding for developmental grants

Sec. 8-198-11

Determination of the amount of funding for special development grants

Sec. 8-203

Description of Organization

Sec. 8-203-1

Purpose and basic function

Sec. 8-203-2

Definitions

Sec. 8-203-3

Part I--General

Sec. 8-203-4

Part II--Description of grant programs

Sec. 8-203-5

Part III--Petitions, grievances, declaratory rulings, judicial review and notices

Sec. 8-206e

Housing Assistance and Counseling Program

Sec. 8-206e-1

Definitions

Sec. 8-206e-2

Program description

Sec. 8-206e-3

Eligibility

Sec. 8-206e-4

Application

Sec. 8-206e-5

Eligible expenses

Sec. 8-206e-6

Financial reporting and access to records

Sec. 8-206e-7

Fiscal compliance and examination

Sec. 8-214d

Land Bank/Land Trust Fund

Sec. 8-214d-1

Definitions

Sec. 8-214d-2

Program description

Sec. 8-214d-3

Program requirements under land bank

Sec. 8-214d-4

Program requirements under land trust

Sec. 8-214d-5

Eligibility

Sec. 8-214d-6

Eligible activities

Sec. 8-214d-7

Application process

Sec. 8-214d-8

Selection process

Sec. 8-214d-9

Contract for financial assistance

Sec. 8-214d-10

Restrictions on the sale or use of the property

Sec. 8-214d-11

Maximum income limits

Sec. 8-214d-12

Financial reporting and access to records

Sec. 8-214d-13

Fiscal compliance and examination

Sec. 8-214d-14

Conveyance of land or interest in land to a municipality

Sec. 8-214h

Limited Equity Cooperative/ Mutual Housing Association Program

Sec. 8-214h-1

Definitions

Sec. 8-214h-2

Program description

Sec. 8-214h-3

Eligibility

Sec. 8-214h-4

Application and project approval process

Sec. 8-214h-5

Contract for financial assistance

Sec. 8-214h-6

Management

Sec. 8-214h-7

Eligibility for admission

Sec. 8-214h-8

Admission income limits

Sec. 8-214h-9

Income

Sec. 8-214h-10

Waiting list

Sec. 8-214h-11

Income verification

Sec. 8-214h-12

Carrying charge determination

Sec. 8-214h-13

Procedures for carrying charge changes

Sec. 8-214h-14

Sale and disposition of projects

Sec. 8-214h-15

Preemption

Sec. 8-214h-16

Financial reporting and access to records

Sec. 8-214h-17

Fiscal compliance and examination

Sec. 8-214h-18

Definitions

Sec. 8-214h-19

Terms and conditions

Sec. 8-214h-20

Implementation

Sec. 8-216b

State Housing/ Community Development Program

Sec. 8-216b-1

Definitions

Sec. 8-216b-2

Program description

Sec. 8-216b-3

Eligibility

Sec. 8-216b-4

Eligible activities

Sec. 8-216b-5

Application process

Sec. 8-216b-6

Selection process

Sec. 8-216b-7

Contract for financial assistance

Sec. 8-216b-8

Restrictions on the sale or use of property

Sec. 8-216b-9

Income limits

Sec. 8-216b-10

Financial reporting and access to records

Sec. 8-216b-11

Fiscal compliance and examination

Sec. 8-218c

Community Housing Development Corporations

Sec. 8-218c-1

Definitions

Sec. 8-218c-2

Eligibility

Sec. 8-218c-3

Procedures

Sec. 8-218c-4

Underwriting criteria

Sec. 8-218c-5

Eligible costs

Sec. 8-218c-6

Terms and conditions of rehabilitation loans

Sec. 8-218c-7

Interest subsidies

Sec. 8-218c-8

Loan guarantees

Sec. 8-218c-9 through Sec. 8-218c-12

Repealed, December 17, 1987

Sec. 8-218c-13

Definitions

Sec. 8-218c-14

Program description

Sec. 8-218c-15

Predevelopment activities

Sec. 8-218c-16

Large bedroom units

Sec. 8-218c-17

Loan fund

Sec. 8-218c-18

Accessibility modification

Sec. 8-218c-18a

Adaptability conversion

Sec. 8-218c-19

Eligibility

Sec. 8-218c-20

Application process

Sec. 8-218c-21

Contract for financial assistance

Sec. 8-218c-22

Prepayment

Sec. 8-218c-23

Reporting and access to records

Sec. 8-218c-24

Fiscal compliance and examination

Sec. 8-218c-25 through Sec. 8-218c-29

Reserved

Sec. 8-218c-30

Definitions

Sec. 8-218c-31

Terms and conditions

Sec. 8-218c-32

Implementation

Sec. 8-219c

Senior Citizen Emergency Home Repair and Rehabilitation Program

Sec. 8-219c-1

Definitions

Sec. 8-219c-2

Program description

Sec. 8-219c-3

Eligibility

Sec. 8-219c-4

Application

Sec. 8-219c-5

Funding priority

Sec. 8-219c-6

Loan/grant qualifications

Sec. 8-219c-7

Contract for financial assistance

Sec. 8-219c-8

Income eligibility

Sec. 8-219c-9

Compliance

Sec. 8-219d

Nonprofit Corporation Assistance Program

Sec. 8-219d-1

Definitions

Sec. 8-219d-2

Program description

Sec. 8-219d-3

Eligibility

Sec. 8-219d-4

Application process

Sec. 8-219d-5

Contract for financial assistance

Sec. 8-219d-6

Financial reporting and access to records

Sec. 8-219d-7

Fiscal compliance and examination

Sec. 8-219d-8 through Sec. 8-219d-12

Repeal of sections 8-218c-9 through 8-218c-12

Sec. 8-219e

Hazardous Material Program

Sec. 8-219e-1

Definitions

Sec. 8-219e-2

Program description

Sec. 8-219e-3

Eligibility

Sec. 8-219e-4

Application process

Sec. 8-219e-5

Selection process

Sec. 8-219e-6

Contract for financial assistance

Sec. 8-219e-7

Financial reporting and access to records

Sec. 8-219e-8

Fiscal compliance and examination

Sec. 8-219e-9

Waivers

Sec. 8-273

Relocation Assistance Appeal

Sec. 8-273-1

Relocation Assistance Appeal

Sec. 8-273-2

Moving costs distance limit

Sec. 8-273-3

Fixed schedule of payments

Sec. 8-273-4

Dwellings described

Sec. 8-273-5

Limitations on payment for purchase price

Sec. 8-273-6

Rental payments to a qualified displaced tenant

Sec. 8-273-7

Eligibility not dependent on length of occupancy

Sec. 8-273-8

Payment limited to one move; exception

Sec. 8-273-9

Noneligibility notice to rental occupants required

Sec. 8-273-10

Moving expenses; application and payment

Sec. 8-273-11

Exclusions

Sec. 8-273-12

Moving expenses; individuals and families

Sec. 8-273-13

Moving expenses: businesses and farm operations

Sec. 8-273-14

Moving expenses: advertising businesses

Sec. 8-273-15

Low value, high bulk property: businesses and farm operations

Sec. 8-273-16

Actual direct losses: businesses and farm operations

Sec. 8-273-17

Expenses in searching for replacement business or farm operation

Sec. 8-273-18

Fixed allowance; businesses

Sec. 8-273-19

Fixed allowance; farm operation

Sec. 8-273-20

Computing average annual net income; businesses and farm operations

Sec. 8-273-21

Purchase of a decent, safe, and sanitary dwelling

Sec. 8-273-22

Occupancy

Sec. 8-273-23

Inspection of replacement dwelling required

Sec. 8-273-24

Application and payment

Sec. 8-273-25

Eligibility

Sec. 8-273-26

Replacement housing payment; purchase price

Sec. 8-273-27

Replacement housing payments; rent and down payments

Rules for considering land values                                                                       

Sec. 8-273-29

Owner retention

Sec. 8-273-30

Increased interest costs

Sec. 8-273-31

Incidental expenses

Sec. 8-273-32

Computation of rental payments; tenants

Sec. 8-273-33

Computation of rental payments: homeowners

Sec. 8-273-34

Computation of down payments

Sec. 8-273-35

Down payments

Sec. 8-273-36

Provisional payment pending condemnation

Sec. 8-273-37

Combined payments

Sec. 8-273-38

Partial use of home for business or farm operation

Sec. 8-273-39

Multiple occupants of a single dwelling

Sec. 8-273-40

Multifamily dwelling

Sec. 8-273-41

Certificate of eligibility pending purchase of replacement dwelling

Sec. 8-273-42

Statement of purpose

Sec. 8-273-43

Definitions

Sec. 8-273-44

Relocation assistance

Sec. 8-273-45

Procedures

Sec. 8-289

Downpayment Assistance Program

Sec. 8-289-1 through Sec. 8-289-6a

Repealed, May 18, 1990

Sec. 8-289-7

Repeal of regulations

Sec. 8-289-8

Definitions

Sec. 8-289-9

Program description

Sec. 8-289-10

Eligibility of applicants and houses to be acquired

Sec. 8-289-11

Underwriting criteria

Sec. 8-289-12

Priorities

Sec. 8-336f

Connecticut Housing Partnership Program

Sec. 8-336f-1

Definitions

Sec. 8-336f-2

Program description

Sec. 8-336f-3

Initial designation approval process

Sec. 8-336f-4

Technical assistance

Sec. 8-336f-5

Development designation approval process

Sec. 8-336f-6

Terms and conditions of agreement

 Sec. 8-336q  Housing Trust Fund Program
 Sec. 8-336q-1  Defintions
 Sec. 8-336q-2  Project selection process
 Sec. 8-336q-3  Criteria for rating proposals
 Sec. 8-336q-4  Financials: reporting and access to records
 Sec. 8-336q-5  Individual development accounts
 
  

Sec. 8-337

Security Deposit Loan Fund

Sec. 8-337-1

Definitions

Sec. 8-337-2

Program administration

Sec. 8-337-3

Eligibility

Sec. 8-337-4

Loan applications and approval

Sec. 8-337-5

Repayment of loan

Sec. 8-345

Rental Assistance Program

Sec. 8-345-1 through Sec. 8.345-12

(Transferred to Secs. 17b-812-1 through 17b-812-12, March 21, 1996)

Sec. 8-346

Rental Assistance for New Units

Sec. 8-346-1

Definitions

Sec. 8-346-2

Program description

Sec. 8-346-3

Eligible rental units

Sec. 8-346-4

Application and approval process

Sec. 8-346-5

Contract for financial assistance

Sec. 8-346-6

Income limits

Sec. 8-346-7

Income

Sec. 8-346-8

Rental assistance computation

Sec. 8-346-9

Waiting list

Sec. 8-346-10

Recertification of family income

Sec. 8-346-11

Financial reporting and access to records

Sec. 8-346-12

Fiscal compliance and examination

Sec. 8-358

A Demonstration Program for the Development of Innovative Housing for the Homeless

Sec. 8-358-1

Definitions

Sec. 8-358-2

Scope of program

Sec. 8-358-3

Applicant eligibility

Sec. 8-358-4

Project criteria

Sec. 8-358-5

Resident eligibility

Sec. 8-358-6

Determination of rent

Sec. 8-358-7

Program operations

Sec. 8-358-8

Definitions

Sec. 8-358-9

Terms and conditions

Sec. 8-358-10

Implementation

Sec. 8-365

Municipal Housing Trust Fund Program

Sec. 8-365-1

Definitions

Sec. 8-365-2

Program description

Sec. 8-365-3

Program requirements

Sec. 8-365-4

Maximum income and rental limits

Sec. 8-365-5

Application and selection process

Sec. 8-365-6

Contracts and disbursements

Sec. 8-365-7

Financial and program reporting and access to records

Sec. 8-365-8

Fiscal compliance and examination

Sec. 8-367a

Tenant Management Assistance Program

Sec. 8-367a-1

Definitions

Sec. 8-367a-2

Program description

Sec. 8-367a-3

Eligibility

Sec. 8-367a-4

Application

Sec. 8-367a-5

Financial reporting and access to records

Sec. 8-367a-6

Fiscal compliance and examination

Sec. 8-381

Housing Development Zone Regulations

Sec. 8-381-1

Definitions

Sec. 8-381-2

Program description

Sec. 8-381-3

Program requirements

Sec. 8-381-4

Application and selection process

Sec. 8-381-5

Designation agreement

Sec. 8-381-6

Priority for financial assistance

Sec. 8-381-7

Removal of designation

Sec. 8-388

Housing Infrastructure Fund

Sec. 8-388-1

Definitions

Sec. 8-388-2

Program description

Sec. 8-388-3

Eligible activities

Sec. 8-388-4

Municipal eligibility

Sec. 8-388-5

Application process

Sec. 8-388-6

Selection process

Sec. 8-388-7

Maximum income limits

Sec. 8-388-8

Contract for financial assistance

Sec. 8-388-9

Funding priorities

Sec. 8-388-10

Financial reporting

Sec. 8-388-11

Fiscal compliance & examination

Sec. 8-395

Tax Credit Program

Sec. 8-395-1

Definitions

Sec. 8-395-2

Program description

Sec. 8-395-3

Nonprofit corporation eligibility

Sec. 8-395-4

Application process for nonprofit corporations

Sec. 8-395-5

Business firm eligibility

Sec. 8-395-6

Application process for business firms

Sec. 8-395-7

Allotment of tax credit vouchers

Sec. 8-395-8

Year in which contributions must be made and in which credit must be claimed

Sec. 8-395-9

Proof of increase

Sec. 8-395-10

Carry forwards and carrybacks

Sec. 8-395-11

Waivers

Sec. 8-412

Predevelopment Costs

Sec. 8-412-1

Definitions

Sec. 8-412-2

Program description

Sec. 8-412-3

Eligibility

Sec. 8-412-4

Application process

Sec. 8-412-5

Selection process

Sec. 8-412-6

Maximum income limits

Sec. 8-412-7

Contract for financial assistance

Sec. 8-412-8

Financial reporting and access to records

Sec. 8-412-9

Fiscal compliance and examination

Sec. 8-416

Septic System Repair

Sec. 8-416-1

Definitions

Sec. 8-416-2

Program description

Sec. 8-416-3

Applicant eligibility

Sec. 8-416-4

Application/approval process

Sec. 8-416-5

Funding priority

Sec. 8-416-6

Deferred loan qualifications

Sec. 8-416-7

Contract for financial assistance

Sec. 8-416-8

Compliance

Sec. 8-416-9

Termination

Sec. 8-423

Septic System For Municipalities

Sec. 8-423-1

Definitions

Sec. 8-423-2

Program description

Sec. 8-423-3

Application/approval process -- municipalities

Sec. 8-423-4

Application/approval process -- eligible homeowners

Sec. 8-423-5

Inspections

Sec. 8-423-6

Reporting and access to records

Sec. 8-423-7

Fiscal compliance and examination

 


TITLE 8 HOUSING  


Sec. 8-30g-1. Definitions

The following definitions apply to Sections 8-30g-1 through 8-30g-11 inclusive, of the Regulations of Connecticut State Agencies:

(1) "Affirmative fair housing marketing plan" means a plan to attract, as tenants or purchasers of both market-rate and price-restricted units in an affordable housing development, members of racial and ethnic groups who reside within the metropolitan statistical area or non-metropolitan statistical area within which the affordable housing development is located, but who are least likely to apply, as defined in section 8-37ee of the Regulations of Connecticut State Agencies, for occupancy within such development;

(2) "Affordable housing appeals list" means the list, promulgated by the commissioner pursuant to section 8-30g(k) of the Connecticut General Statutes and section 8-30g-2 of the Regulations of Connecticut State Agencies, of those municipalities that are exempt from the affordable housing land use appeals procedure;

(3) "Assisted Housing" means "assisted housing" as defined in section 8-30g of the Connecticut General Statutes;

(4) "Commissioner" means the commissioner of Economic and Community Development;

(5) "Covenant or Restriction" means an enforceable requirement, in the form of a covenant, restriction or similar mechanism, contained in a deed that is recorded on the land records of the municipality in which the subject dwelling unit or set aside development is located;

(6) "Department" means the Department of Economic and Community Development;

(7) "Dwelling unit" means any house or building, or portion thereof, which may include legally approved accessory apartments, which is occupied, is designed to be occupied, or is rented, leased, or hired out to be occupied, as a home or residence of one or more persons;

(8) "Elderly unit" means a unit located in a residential development that complies with the requirements for age-restricted housing stated in 42 USC 3607 and corresponding regulations;

(9) "Housing unit-equivalent points" means the point value, as established in section 8-30g of the Connecticut General Statutes, assigned to a dwelling unit for the purpose of obtaining a state certificate of affordable housing completion;

(10) "Median income" means "median income" as defined in section 8-30g of the Connecticut General Statutes;

(11) "Moratorium" means a time period during which certain applications for affordable housing development, as provided in section 8-30g of the Connecticut General Statutes, are not subject to the procedure stated in section 8-30g of the Connecticut General Statutes for appeals to the superior court;

(12) "Municipality" means "municipality" as defined in section 8-30g of the Connecticut General Statutes;

(13) "Person" means any individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any type;


(14) "Set-aside development" means "set-aside development" as defined in section 8-30g of the Connecticut General Statutes;

(15) "State certificate of affordable housing completion" means a document issued by the department, that a municipality has satisfied the requirements, as set forth in sections 8-30g-1 through 8-30g-11, inclusive, of the Regulations of Connecticut State Agencies, necessary for a moratorium on the applicability of section 8-30g of the Connecticut General Statutes to certain applications for affordable housing development. A certificate is not effective until it has been published in the Connecticut Law Journal in accordance with section 8-30g of the Connecticut General Statutes; and

(16) "Total Estimated Dwelling Units" means the number of dwelling units in the municipality, based on the most recent United States decennial census published by the United States Census Bureau.

Effective December 27, 1990; amendment published in Conn. Law Journal June 11, 2002, effective April 29, 2002; amendment published in Conn. Law Journal June 7, 2005, eff. May 3, 2005

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Sec. 8-30g-2. Promulgation of list of municipalities exempt from section 8-30g of the Connecticut General Statutes

(a) The Commissioner shall promulgate, annually, a list containing each municipality in the state and identifying those municipalities in which at least ten percent (10%) of all dwelling units in the municipality are:

(1) Assisted housing;

(2) Currently financed by Connecticut Housing Finance Authority mortgages; or

(3) Subject to deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which:

(A) Will preserve the units as housing for individuals or families whose annual income is less than or equal to eighty percent (80%) of the median income; and

(B) Are calculated, consistent with section 8-30g-8 of the Regulations of Connecticut State Agencies, by limiting assumed annual household expenditures for housing to no more than thirty percent (30%) of such household annual income.

(4) Mobile manufactured homes located in mobile manufactured home parks or legally approved accessory apartments which homes or apartments are subject to a covenant or restriction substantially in compliance with section 8-30g-10 of these regulations.

(b) To be counted as assisted housing:

(1) The housing unit must be occupied by persons receiving either state rental assistance under sections 17b-812 to 17b-814, inclusive, of the Connecticut General Statutes or Federal Rental Assistance under 42 USC 1437f or

(2) The housing must meet the following conditions:

(A) It must be receiving or will receive financial assistance under a governmental program, which assistance may come from federal, state, or local government, or any combination of these levels of government;

(B) The assistance must be for construction or substantial rehabilitation of low and moderate income housing, as defined by the income eligibility rules of the governmental program providing the financial assistance. "Construction" refers to the creation of a new dwelling unit or units which did not previously exist. "Substantial rehabilitation" refers to rehabilitation of existing structures or units for which the cost of rehabilitation equals at least twenty-five thousand dollars and 00/100 ($ 25,000.00) per unit or twenty-five percent (25%) of the fair market value of the property, whichever is less; and

(C) The housing must be for low or moderate income persons, as defined by the income eligibility rules of the governmental program providing the financial assistance. Any such housing must restrict occupancy of some or all units to persons of low and moderate income. If only a portion of the units in the housing are restricted to occupancy by low or moderate income persons, only the number of units so restricted shall be included on the list. If such restrictions are in effect for a limited period of time, such housing shall be considered as assisted housing only for the period of time that such restrictions are in effect.

(c) To be counted as housing subject to deed covenants or deed restrictions:

(1) The covenants or restrictions must provide that the housing units must, at time of initial occupancy by each new household, be occupied by persons and families:

(A) Whose annual income does not exceed eighty percent (80%) of the median income; and

(B) For whom the maximum cost of such housing has been calculated by limiting assumed annual household expenditures for housing to no more than thirty percent (30%) of such household annual income.

(i) For rental housing, the cost of housing includes the cost of rent, common charges in the case of a rental in a common interest community; and heat and utility costs, excluding television, telecommunications, and information technology services. Heat and utility costs may be calculated by reasonable estimate.

(ii) For ownership housing, the cost of housing includes periodic mortgage payments; real property taxes; real property insurance; common charges in the case of a common interest community; and heat and utility costs, excluding television, telecommunications, and information technology services. Heat and utility costs may be calculated by reasonable estimate.

(2) The covenants or restrictions must run with the land and be binding on each subsequent owner of the property. If such covenants or restrictions are in effect for only a limited period of time, such housing shall be counted for purposes of the list only for the time period that such covenants or restrictions are in effect. If such covenants or restrictions cover only a portion of the units, only those units shall be included on the list.

(d) In order for an accessory apartment as defined in section 8-30g(k) of the General Statutes to be eligible to be counted for purposes of the affordable housing appeals list, it shall be legally approved in accordance with the criteria set forth in section 8-30g(k) of the General Statutes. The municipality in which such accessory apartment is located shall be responsible for inspecting such accessory apartment to ensure it meets the criteria for legal approval, and shall maintain a list of deed restricted legally approved accessory apartments. Such list of legally approved accessory apartments shall be submitted to the commissioner in addition to other data submitted for purposes of promulgating the affordable housing appeals list.

(e) The list shall be promulgated at the beginning of each calendar year and shall cover housing occupied by September 30 of the previous calendar year. A notice of availability of the list shall be published in the Connecticut Law Journal every year.

(f) The list shall be compiled using the following information to determine the number of qualifying units in a municipality: The Department's Construction Activity Information System; Connecticut Housing Finance Authority's mortgages; the Department of Social Services' Rental Assistance Program; privately-owned properties with deed restrictions and covenants and the list of deed restricted legally approved accessory apartments, provided by individual municipalities; and statistics on assisted housing provided by the Department, individual municipalities, Connecticut Housing Finance Authority, Farmers' Home Administration, and the United States Department of Housing and Urban Development.

(g) The determination of whether a municipality shall be included in the list set forth in subsection (a) above shall be made based on the following calculation:

(Assisted Units + CHFA mortgages + Deed restricted units + Deed restricted mobile manufactured homes located in mobile manufactured home parks + Deed restricted legally approved accessory apartments)/Total Estimated dwelling units x 100%

If the result of the calculation is ten percent (10%) or more, the municipality shall be included in the list.

(h) Any person who wishes to challenge the inclusion of a municipality on the list of municipalities in which the provisions of section 8-30g are not available, or any municipality that wishes to challenge its exclusion from the list, may do so by giving written notice to the commissioner and, in the case of a challenge to inclusion, to the chief elected official of the affected municipality. Such notice shall include a detailed statement of the reasons for the challenge, and an identification of the dwelling units in question, if known.

(i) Upon receipt of such a challenge, the commissioner may undertake any investigation deemed necessary to resolve the challenge. Within forty-five (45) business days after receipt of the challenge, unless the commissioner extends such period to accommodate his investigation, the commissioner shall transmit his findings to the person initiating the challenge and to the chief elected official of the affected municipality.

(j) If the commissioner finds that a municipality was erroneously included or excluded from the list, the list shall be amended.

Effective January 3, 1992; amendment published in Conn. Law Journal June 11, 2002, effective April 29, 2002; amendment published in Conn. Law Journal June 7, 2005, eff. May 3, 2005

                                                                            

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Sec. 8-30g-3. Challenges [Repealed]

Repeal published in Conn. Law Journal June 11, 2002, effective April 29, 2002

                  

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Sec. 8-30g-4. Certifications [Repealed]

Repeal published in Conn. Law Journal June 11, 2002, effective April 29, 2002

 

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Sec. 8-30g-5. Repealed, January 3, 1992.

As Noted Above

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Sec. 8-30g-6. State certificate of affordable housing completion; moratorium on applicability of section 8-30g of the Connecticut General Statutes to certain affordable housing applications

(a) As provided in section 8-30g(l) of the Connecticut General Statutes, certain applications for affordable housing development shall be subject to a moratorium for a period of three years from the publication by the Department of notice of issuance of a state certificate of affordable housing completion, or during a period of qualification for provisional approval of a state certificate of affordable housing completion.

(b) The chief elected official of any municipality may apply to the commissioner for a state certificate of affordable housing completion.

(c) An application for a state certificate of affordable housing completion shall include at least the following:

(1) A letter to the commissioner signed by the chief elected official of the municipality;

(2) A letter from an attorney representing the municipality, stating an opinion that the application complies with section 8-30g of the Connecticut General Statutes and this section as in effect on the day the application is submitted;

(3) On a form provided by the Department, a summary calculation of the housing unit-equivalent points required of the applicant municipality in order to qualify for a state certificate;

(4) Documentation of the existence of the required housing unit-equivalent points, in accordance with the specifications of subsection (e) of this section;

(5) The justification for claiming such points, with reference to the descriptions and point schedule set forth in section 8-30g of the Connecticut General Statutes and subsection (i) of this section;

(6) Certification by the applicant municipality that for each unit for which housing unit-equivalent points are claimed, a valid certificate of occupancy has been issued by the building official of such municipality and is currently in effect, provided that copies of such certificates of occupancy need not be submitted;

(7) Certification that the municipality has identified and deducted, or otherwise excluded from the total housing unit-equivalent points claimed, all units that as a result of action by the municipality, municipal housing authority, or municipal agency, no longer qualify, as of the date of submission of the application, as providing housing unit-equivalent points, without regard to whether the units were originally constructed before or after July 1, 1990;

(8) All documentation reflecting compliance with the notice, publication, and other procedural requirements set forth in subjection (j) of this section;

(9) A fee sufficient to reimburse the department for its costs of publication of notices as set forth in sections 8-30g-1 to 8-30g-11, inclusive, of the Regulations of Connecticut State Agencies.

(d) The applicant municipality shall bear the costs of application notice, publication, and procedural compliance with respect to an application for a state certificate of affordable housing compliance.

(e) Documentation of the existence of the housing unit-equivalent points necessary to qualify for a state certificate of affordable housing completion shall include the following:

(1) A numbered list of all dwelling units that furnish the basis of housing unit-equivalent points being counted toward the qualifying minimum;

(2) The address of each such unit; and

(3) The housing unit-equivalent points and classification claimed for each such unit.

(f) Each dwelling unit claimed to provide housing unit-equivalent points toward a state certificate of affordable housing completion by virtue of a deed restriction, recorded covenant, zoning regulation, zoning approval condition, financing agreement, affordability plan or similar mechanism shall be documented as an enforceable obligation with respect to both income qualifications and maximum housing payments, that is binding at the time of application for at least the duration required by section 8-30g of the Connecticut General Statutes at the time of the development's submission to a commission, by the submission of a copy of one or more of the following:

(1) Deed restriction or covenant;

(2) Zoning, subdivision or other municipal land use approval or permit containing an applicable condition or requirement;

(3) Report, if less than one (1) year old, submitted to the municipality pursuant to section 8-30h of the Connecticut General Statutes;

(4) Local, state or federal financing, subsidy, or assistance agreement; or

(5) Affordability plan, if adopted by the municipality and made binding.

(g) The commissioner may, in the commissioner's sole discretion, request any additional information deemed necessary to determine the housing unit-equivalent point value of any dwelling unit claimed by the municipality or the applicant municipality's overall calculation of housing unit-equivalent points. The commissioner may also, in the commissioner's sole discretion, accept alternative documentation.

(h) As provided in section 8-30g(l) of the Connecticut General Statutes, the housing unit-equivalent points required for a certificate shall be equal to two percent (2%) of all dwelling units in the municipality, but no less than seventy-five (75) housing unit-equivalent points. Units and housing unit-equivalent points that serve as the basis of approval of a state certificate, whether a provisional approval or issuance by the commissioner, shall not be the basis of a subsequent application. The housing unit-equivalent points necessary for a state certificate shall be calculated using as the denominator the total estimated dwelling units in the municipality as reported in the most recent United States decennial census.

(i) As provided in section 8-30g(l) of the Connecticut General Statutes, dwelling units whose occupancy is restricted to maximum household income limits that comply with section 8-30g of the Connecticut General Statutes and that qualify, based on binding restrictions on maximum sale or resale price or rent, as price-restricted dwelling units in compliance with section 8-30g of the Connecticut General Statutes, shall be awarded unit-equivalent points toward a state certificate as follows:

Housing Unit-Equivalent

Type of Unit

Point Value Per Unit

Market-rate units in a set-aside development

0.25

Elderly units, owned or rented, restricted to

0.50

households at or below 80% of median income

Family units, owned, that are

80% of median income

1.00

restricted to households with

60% of median income

1.50

annual income no more than:

40% of median income

2.00

Family units, rented, that are

80% of median income

1.50

restricted to households with

60% of median income

2.00

annual income no more than:

40% of median income

2.50



(j) Applications for a state certificate of affordable housing completion shall be submitted and processed as follows:

(1) A municipality intending to submit to the department an application for a state certificate of affordable housing completion shall publish in the Connecticut Law Journal and in a newspaper of general circulation in the municipality a notice of its intent to apply and the availability of its proposed application for public inspection and comment. Such notice shall state the location where the proposed application, including all supporting documentation, shall be available for inspection and comment, and to whom written comments may be submitted. Such application and documentation shall be made available in the office of the municipal clerk for no less than twenty (20) calendar days after publication of notice. If, within the comment period, a petition signed by at least twenty-five (25) residents of the municipality is filed with the municipal clerk requesting a public hearing with respect to the proposed application, either the municipality's legislative body or its zoning or planning commission shall hold such a hearing. A copy of all written comments received, responses by the municipality to comments received, and a description of any modifications made or not made to the application or supporting documentation as a result of such comments, shall be attached to the application when submitted to the commissioner.

(2) As soon as practicable after submission of an application, the department shall notify the applicant in writing whether the application is complete with respect to the information required. If the application is deemed complete, it shall be considered received on the date of original submission. If the application is not complete, the department shall identify in writing the additional information necessary, and the application shall be considered received on the date the department receives the additional information requested. If the applicant fails or refuses to correct any deficiencies within a reasonable time, the department shall deny or reject the application.

(3) If the department requests additional information, the time limits for publishing notice of receipt of the application as specified in subsection (6) of subsection (j) of this section and issuing a decision as specified in section 8-30g of the Connecticut General Statutes shall commence when the department receives the requested information and the application is complete.

(4) After determining that it has received a complete application, the Department shall promptly publish in the Connecticut Law Journal a notice of receipt of such application. Such application, including all supporting documentation, shall be made available to the public. Written public comment shall be accepted by the department for a period of thirty (30) days after such publication.

(5) The department shall evaluate the application, including all documentation submitted and public comments received, to accurately determine the number, classification and housing unit-equivalent points, if any, of all dwelling units claimed. The department shall calculate the total housing unit-equivalent points based on the values assigned in section 8-30g of the Connecticut General Statutes. The department may, as necessary, verify or modify the housing unit-equivalent point total claimed by the municipality. The department shall determine whether the municipality has satisfied the minimum criteria for a state certificate of affordable housing completion. The department shall also determine whether all units which must be deducted or otherwise excluded from total housing unit-equivalent points pursuant to subsection (c)(7) of this section have been properly counted and whether proper adjustment has been made.

(6) The department shall provide the municipality, within ninety (90) days of receipt of a complete application as specified in sections 8-30g-1 to 8-30g-11, inclusive, of the Regulations of Connecticut State Agencies, with a written decision stating the reasons for approval or rejection, and shall make such decision available to the public. If the department approves the application, it shall publish in the Connecticut Law Journal a notice of its issuance of a state certificate of affordable housing completion.

(k) If the department fails to act within the time set by section 8-30g(l) of the Connecticut General Statutes, the application shall be deemed as having been granted provisional approval. A moratorium shall then take effect upon the date of completion of publication by the municipality of a notice of the provisional approval in both the Connecticut Law Journal and a newspaper with general circulation in the municipality. The latter notice shall be at least one-eighth page, shall be published in a conspicuous manner, and shall clearly use the words "provisional approval." The municipality shall promptly provide the department with a certified copy of the published notice. The department shall act on a provisionally-approved application as soon as practicable. Upon issuing its decision, the department shall issue a written notice to the municipality and shall publish a notice of its decision in the Connecticut Law Journal and a newspaper with general circulation in the municipality. The provisionally-approved moratorium shall terminate upon issuance of written notice of disapproval to the municipality. Dwelling units claimed toward a state certificate of affordable housing completion that is provisionally approved, or provisionally approved and later denied by the department, may be claimed again on a subsequent application, so long as the moratorium resulting from provisional approval was in effect for less than one hundred eighty (180) days.

(l) The commissioner may revoke a state certificate of affordable housing completion at any time upon determining, after written notice to the municipality and a reasonable opportunity for response or explanation, that an application contained materially false, misleading, or inaccurate information or was otherwise approved without compliance with the criteria of Section 8-30g [FN1] and sections 8-30g-1 to 8-30g-11, inclusive, of the Regulations of Connecticut State Agencies. The commissioner shall issue written notice of a decision to revoke a certificate of affordable housing completion and shall publish a notice of revocation in the Connecticut Law Journal. Such revocation shall be effective upon issuance of written notice to the municipality. Use of dwelling units and housing unit-equivalent points claimed toward a certificate of affordable housing that is approved and later revoked pursuant to this subsection shall be at the sole discretion of the commissioner. If a municipality, in the judgment of the commissioner, knowingly or intentionally misrepresented any portion of an application for a state certificate, the commissioner may, in addition to revocation, refuse to approve a re-application for a state certificate for up to three (3) years from revocation.

(m) The department shall prepare and update periodically a list of all municipalities that have been issued a state certificate of affordable housing completion or have obtained provisional approval by publication of valid notices. Such list shall identify the expiration date of each state certificate or provisional approval. The department shall make such list available to the public. Such list shall be updated each time a municipality is issued a certificate or obtains provisional approval.

(n) A municipality that has been issued a state certificate of affordable housing completion may, at any time, submit an application for another moratorium, provided that such application shall be considered a new application, shall comply in full with these regulations, and may not utilize any dwelling unit that provided housing unit-equivalent points for any previous state certificate. Any application intended to maintain a moratorium without interruption at the expiration of a previously-approved state certificate shall be submitted so as to allow the department sufficient time to process the application in accordance with these regulations.

New section published in Conn. Law Journal June 11, 2002, effective April 29, 2002; amendment published in Conn. Law Journal June 7, 2005, eff. May 3, 2005

                           

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Sec. 8-30g-7. Affordability plans and conceptual site plans

(a) An affordability plan shall include at least the elements set forth in section 8-30g(b)(1) of the Connecticut General Statutes and shall at a minimum contain or comply with the following:

(1) The designation of the person who will be qualified and responsible for administration of the affordability plan shall include identifying responsibility for:

(A) Ensuring that households applying for affordable units qualify within applicable maximum income limits;

(B) Assuring the accuracy of sale or resale prices or rents, and providing documentation where necessary to buyers, sellers, lessors, lessees and financing institutions;

(C) Maintaining minimum percentages in a set-aside development;

(D) Reporting compliance to the municipality; and

(E) Executing the affirmative fair housing marketing plan.

(2) A proposed procedure by which sellers, purchasers, lenders or title insurers may, upon request and in a timely manner, obtain written certification of compliance with applicable set aside, household income, sale, or resale price limitations or requirements.

(3) With respect to an affirmative fair housing marketing plan filed in accordance with an affordable housing development application, the provisions of sections 8-37ee-1 et seq. of the Regulations of Connecticut State Agencies, and particularly sections 8-37ee-301 and 302, shall serve as the basis for such plan, provided that such regulations, including the procedures therein, shall be guidelines, not requirements. Collection and dissemination of information about available price restricted and market rate dwelling units shall include, at a minimum:

(A) Analyzing census and other data to identify racial and ethnic groups least represented in the population;

(B) Announcements/advertisements in publications and other media that will reach minority populations;

(C) Announcements to social service agencies and other community contacts serving low-income minority families in the region (including churches, civil rights organizations, housing authorities, and legal services organizations);

(D) Assistance to minority applicants in processing applications;

(E) Marketing efforts in geographic area of high minority concentrations within the housing market area;

(F) Beginning marketing efforts prior to general marketing of units, and repeating again during initial marketing, at fifty percent (50%) completion, and thereafter at reasonable period intervals with respect to resales or re-rentals; and

(G) Collection of basic racial and ethnic information for all residents and persons on the wait list for the development.

(4) In an affordability plan or affirmative fair housing marketing plan for an affordable housing development, preferences in application procedures or occupancy for existing residents of the subject municipality shall not be utilized unless members of racial and ethnic groups identified as least likely to apply receive equally-weighted preferences.

(5) The maximum sale price, resale price, or rent for any affordable unit in a set-aside development shall be determined as set forth in section 8-30g-8 of the Regulations of Connecticut State Agencies.

(6) In an affordability plan for a set-aside development, a description of the projected sequence in which price-restricted dwelling units will be built and offered for occupancy shall consist of a narrative and schematic plan describing the construction sequence of the proposed site development plan, the location of price-restricted and market-rate dwelling units within that sequence, and a demonstration that such sequence will result in compliance with the set-aside requirements of section 8-30g of the Connecticut General Statutes and sections 8-30g-1 through 8-30g-11, inclusive, of the Regulations of Connecticut State Agencies.

(7) A commission, by regulation, may require that an affordable housing application that petitions for a rezoning of the property that is the subject of the application shall be accompanied by a conceptual site plan. Any such regulation, however, shall not require the submission of the type of plans, studies, calculations or similar detailed information that will otherwise be required in connection with site development, subdivision or resubdivision plans which, when approved, will serve as the basis for issuance of a building permit.

New section published in Conn. Law Journal June 11, 2002, effective April 29, 2002; amendment published in Conn. Law Journal June 7, 2005, eff. May 3, 2005

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Sec. 8-30g-8. Maximum housing payment calculations in set-aside developments

(a) The maximum price for any affordable unit that is sold or resold within a set-aside development, for the period of affordability restrictions, to a household earning eighty percent of the median income or less, shall be determined as follows:

(1) Step 1. Determine area median income and the statewide median as published by the U.S. Department of Housing and Urban Development for the subject municipality, and use the lesser of these figures.

(2) Step 2. Adjust median income identified in Step 1 by family size by assuming that 1.5 persons will occupy each bedroom of an affordable unit, except in the case of a studio or zero-bedroom unit, in which case 1.0 person shall be assumed. Family size adjustment shall be made with reference to the following percentages:

NUMBER OF

PERSONS IN

FAMILY

1

2

3

4

5

6

7

8

PERCENTAGE

70%

80%

90%

100%

108%

116%

124%

132%

ADJUSTMENT

(BASE)



The family size adjustment that involves a half person (such as 4.5 persons) shall be calculated by taking the midpoint between the relevant figures above and below the half. For example, the adjustment for a 4.5 person household is 104 percent.

(3) Step 3. Calculate eighty percent (80%) of Step 2.

(4) Step 4. Calculate thirty percent (30%) of Step 3, representing that portion of household income deemed to be used for housing costs.

(5) Step 5. Divide step 4 by twelve (12) months to determine the maximum monthly housing payment.

(6) Step 6. Determine by reasonable estimate monthly housing expenses, including real property taxes; real property insurance; any common interest ownership or similar fee required of all unit purchasers or owners; and heat and utility costs, excluding television, telecommunications, and information technology services.

(7) Step 7. Subtract Step 6 from Step 5 to determine the amount available for mortgage principal and interest.

(8) Step 8. Using the amount resulting from Step 7, apply a mortgage term and interest rate that is commercially reasonable and available to households likely to apply to purchase such units, in order to determine the financeable amount.

(9) Step 9. Calculate down payment, which shall comply with subsection (c) of this section.

(10) Step 10. Add Steps 8 and 9 to determine the maximum sale or resale price.

(b) For a unit required to be sold or resold to a household earning sixty percent (60%) or less of the median income, the formula stated above shall be used, except that in Step 3, sixty percent (60%) shall be used instead of eighty percent (80%).

(c) The maximum allowable down payment used in calculating the maximum sale or resale price of an affordable unit that is sold shall be the lesser of twenty percent (20%) of the total sale price or twenty percent (20%) of the Connecticut Housing Finance Authority (CHFA) maximum sales price limit for a comparably-sized unit in the area, as published by CHFA.

(d) The maximum monthly payment for a rental unit in a set-aside development, for the period of affordability restrictions, for a household earning eighty percent of the median income or less, shall be determined as follows:

(1) Step 1. Determine area median income and the statewide median as published by the U.S. Department of Housing and Urban Development for the subject municipality, and use the lesser of these figures.

(2) Step 2. Adjust median income identified in Step 1 by family size by assuming that 1.5 persons will occupy each bedroom of an affordable unit, except in the case of a studio or zero-bedroom unit, in which case 1.0 person shall be assumed. Family size adjustment shall be made with reference to the following percentages:

 

NUMBER OF

PERSONS IN

FAMILY

1

2

3

4

5

6

7

8

PERCENTAGE

70%

80%

90%

100%

108%

116%

124%

132%

ADJUSTMENT

(BASE)




The family size adjustment that involves a half person (such as 4.5 persons) shall be calculated by taking the midpoint between the relevant figures above and below the half. For example, the adjustment for a 4.5 person household is 104 percent.

(3) Step 3. Calculate eighty percent (80%) of Step 2.

(4) Step 4. Calculate thirty percent (30%) of Step 3, representing that portion of household income deemed to be used for housing costs.

(5) Step 5. Divide Step 4 by twelve (12) months to determine the maximum monthly housing payment.

(6) Step 6. Determine the fair market rent for a unit with the same number of bedrooms in the subject municipality as published by the U.S. Department of Housing and Urban Development.

(7) Step 7. Multiply the U.S. Department of Housing and Urban Development fair market rent as determined in Step 6 by one hundred twenty percent (120%).

(8) Step 8. The maximum monthly housing payment for occupants of the subject rental unit shall be the lesser of the calculations in Steps 5 and 7.

(9) Step 9. Determine by reasonable estimate monthly expenses for heat and utility costs for which the tenant is directly responsible, excluding television, telecommunications, and information technology services, but including any other periodic fees for which the tenant is directly responsible, such as common charges in the case of a common interest ownership community.

(10) Step 10. Deduct the estimate of tenant-paid utilities and fees determined in Step 9 from the maximum monthly housing payment in Step 8, which will result in the maximum amount that the developer/owner may charge for this rental unit as the monthly contract rent.

(e) For a unit required to be rented to a household earning sixty percent (60%) or less of the median income, the formula stated above shall be used, except that in Step 3, sixty percent (60%) shall be used instead of eighty percent (80%), and in Step 7, the U.S. Department of Housing and Urban Development fair market rent shall be used instead of one hundred twenty percent (120%) of the U.S. Department of Housing and Urban Development fair market rent.

(f) The elements of annual household income, and documentation of such income, used for the purposes of determining whether a household's annual income qualifies it for occupancy of a price-restricted unit, shall be conducted using the guidelines published by the U.S. Department of Housing 24 CFR 5.609.

New section published in Conn. Law Journal June 11, 2002, effective April 29, 2002; amendment published in Conn. Law Journal June 7, 2005, eff. May 3, 2005

                                                                                   

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Sec. 8-30g-9. Model Deed restriction for a set aside development

(a) On or after the effective date of this subsection, a covenant or restriction imposed upon or otherwise made applicable to a set aside development or dwelling units within a set aside development as defined in subsection 8-30g-1(14) of the Regulations of Connecticut State Agencies shall satisfy sections 8-30g-1, 8-30g-7 and 8-30g-8, if the covenant or restriction has a term of at least forty years and contains substantially the following language:

(1) For a set aside development consisting of dwelling units to be rented:

"This development is a set aside development as defined in section 8-30g of the Connecticut General Statutes and in accordance with the applicable regulations for state agencies that were in effect on the date of the original application for initial local approval ___ (insert appropriate date), containing affordable housing dwelling units, and is therefore subject to limitations on the maximum annual income of the household that may rent the designated affordable housing dwelling units, and on the maximum rental that may be charged for such affordable housing dwelling units. These limitations shall be strictly enforced, and may be enforced by the zoning enforcement authority of [the municipality] against the record owner of the development or the person identified in the affordability plan as responsible for the administration of these limitations.

For the duration of this covenant or restriction, no less than fifteen percent (15%) of the dwelling units in this development shall be rented to persons and families whose annual income is less than or equal to eighty percent (80%) of the median income as defined in subsection 8-30g-1(10) of the Regulations of Connecticut State Agencies, and such units may be rented only at a rental equal to or less than the rental determined using the formula for maximum monthly rental amount stated in section 8-30g-8(d) of the Regulations of Connecticut State Agencies. In addition, no less than fifteen percent (15%) of the dwelling units shall be rented to persons and families whose annual income is less than or equal to 60 percent (60%) of the median income as defined in subsection 8-30g-1(10) of the Regulations of Connecticut State Agencies, and such units may be rented only at a rental equal to or less than the rental determined using the formula for maximum monthly rental amount stated in section 8-30g-8(e) of the Regulations of Connecticut State Agencies."

(2) For a dwelling unit within a set aside development in which individual, designated units are sold or resold as affordable housing dwelling units:

"This dwelling unit is an affordable housing dwelling unit within a set aside development as defined in section 8-30g of the Connecticut General Statutes and in accordance with the applicable regulations for state agencies that were in effect on the date of the original application for initial local approval ___ (insert appropriate date), and is therefore subject to a limitation, at the date of purchase, on the maximum annual income of the household that may purchase the unit, and is subject to a limitation on the maximum sale or resale price. These limitations shall be strictly enforced, and may be enforced by the person identified in the affordability plan as responsible for the administration of these limitations or the zoning enforcement authority of [the municipality].

For the duration of this covenant or restriction, this dwelling unit may be sold only to persons and families whose annual income does not exceed ___% (insert 60% or 80% as applicable) percent of 'median income' as defined in subsection 8-30g-1(10) of the Regulations of Connecticut State Agencies, applicable to this unit as specified in an affordability plan as on file with the [municipality]. In addition, this unit may be sold or resold only at a price equal to or less than the price determined using the formula stated in section 8-30g-8(a), or the formula stated in section 8-30G-8(B), as applicable, of the Regulations of Connecticut State Agencies.

(b) In order to assist in any determination that the sale or resale price of an affordable housing dwelling unit complies with applicable limitations, any owner, seller, purchaser or prospective purchaser of such dwelling unit may be required by the administrator of the affordability plan to provide documentation of the annual income of the person or family who will occupy the dwelling unit and of compliance with applicable sale price or resale price limitations, which documentation shall be available upon request to the zoning enforcement authority of [the municipality].

New section published in Conn. Law Journal June 7, 2005, eff. May 3, 2005

                                                                                   

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Sec. 8-30g-10. Model deed restriction for promulgation of the affordable housing appeals list

(a) On or after the effective date of this subsection, a dwelling unit that is not otherwise counted as part of a set aside development shall qualify to be counted for the purpose of preparing and promulgating the affordable housing appeals list if the unit is subject to a covenant or restriction that contains substantially the following language and meets the duration requirements of subsection (b) of this section:

(1) For a dwelling unit that is rented:

"This unit is an affordable housing dwelling unit and is therefore subject to a limitation on the maximum annual income of the household that may rent the unit, and is subject to a limitation on the maximum rental that may be charged for the unit. these limitations shall be strictly enforced, and may be enforced by the zoning enforcement authority of [the municipality] or owner or landlord of this unit.

For the duration of this covenant or restriction, this dwelling unit shall be rented to persons or families whose annual income is equal to or less than eighty percent (80%) of the median income as defined in subsection 8-30g-1(10) of the Regulations of Connecticut State Agencies, and may be rented only at a rental equal to or less than the rental determined using the formula for maximum monthly rental amount, including utilities, stated in section 8-30g-8(d) of the Regulations of Connecticut State Agencies."

(2) For a dwelling unit that is sold or resold:

"This dwelling unit is an affordable housing dwelling unit and is therefore subject to a limitation at the date of purchase on the maximum annual income of the household that may purchase the unit, and is subject to a limitation on the maximum sale or resale price. These limitations shall be strictly enforced, and may be enforced by the zoning enforcement authority of [the municipality].

For the duration of this covenant or restriction, this dwelling unit may be sold only to a household or family whose annual income is equal to or less than 80 percent (80%) of the median income as defined in subsection 8-30g-1(10) of the Regulations of Connecticut State Agencies, and may be sold or resold and only at a price equal to or less than the price determined using the formula stated in section 8-30g-8(a) of the Regulations of Connecticut State Agencies."

(b) A covenant or restriction recorded for the purpose of qualifying a dwelling unit on the affordable housing appeals list shall have a minimum duration of twelve months, provided that any covenant or restriction imposed on an accessory apartment as defined in section 8-30g(k) of the Connecticut General Statutes or mobile manufactured home shall have a minimum duration of ten years. A covenant or restriction imposed on a newly-constructed or substantially rehabilitated unit shall qualify the dwelling unit for the affordable housing appeals list when the covenant or restriction is recorded on the land records and a certificate of occupancy has been issued for such unit, and a covenant or restriction imposed on an existing dwelling unit shall qualify the unit for the affordable housing appeals list when the covenant or restriction has been recorded on the land records.

(c) In order to assist in any determination that an affordable housing dwelling unit complies with applicable limitations and qualifies to be counted on the affordable housing appeals list, any owner, landlord or administrator of a rental unit, or any owner, seller, purchaser or prospective purchaser of an ownership unit, may be required to provide documentation of the annual income of the person or family who will occupy the dwelling unit and of compliance with applicable sale price or resale price limitations, which documentation shall be available to the zoning enforcement authority of [the municipality].

New section published in Conn. Law Journal June 7, 2005, eff. May 3, 2005

                   

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Sec. 8-30g-11. Dwelling units subject to existing restrictions

For the purpose of the affordable housing appeals list, any covenant or restriction that was adopted prior to the effective date of section 8-30g-9 or 8-30g-11 of these regulations, and which has been accepted previously by the commissioner for inclusion on the list, need not be revised in accordance with these regulations, and may continue to be counted on the list, so long as its terms remain unchanged and it remains a binding obligation.

New section published in Conn. Law Journal June 7, 2005, effective May 3, 2005

 

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Sec. 8-37ee-1. Definitions

The following definitions apply to Section 8-37ee-1 through Section 8-37ee-17 of the Regulations of Connecticut State Agencies:

(1) "Commissioner" means the Commissioner of the State of Connecticut Department of Housing.

(2) "Compliance Meeting" means a meeting held by the department for those recipients who fail to comply with their approved affirmative fair housing marketing plan.

(3) "Department" means the State of Connecticut Department of Housing.

(4) "Family" means a household consisting of one or more persons.

(5) "Income Group" means one of the following household groups, adjusted by family size and based on the appropriate area median income established by the United States Department of Housing and Urban Development: (1) households with incomes twenty-five per cent (25%) or less of the area median income; (2) households with incomes more than twenty five per cent (25%) but not more than fifty percent (50%) of the area median income; (3) households with incomes more than fifty per cent (50%) but not more than eighty percent (80%) of the area median income; (4) households with incomes more than eighty per cent of the area median income but not more than one hundred percent (100%) of the area median income; and (5) households with incomes more than one hundred per cent of the area median income.

(6) "Least Likely to Apply" means those persons who, in the main, do not live in the area of the development because of racial or ethnic patterns, perceived community attitudes, price or other factor, and thus need additional outreach to inform them of their opportunity to live in the development. With regards to race, in predominantly white areas, these shall be minority groups; in predominantly minority areas, these shall be white groups.

(7) "Minority" means those persons identified in Section 8-37ee-1 (h) subsections (b) through (g).

(8) "Primary Metropolitan Statistical Area or Metropolitan Statistical Area" means areas as defined by the United States Department of Housing and Urban Development. These areas are: Bridgeport-Milford, Bristol, Danbury, Hartford, Middletown, New Britain, New Haven-Meriden, New London-Norwich, Norwalk, Stamford, and Waterbury.

(9) "Race or Ethnic Group" means (a) White (not of Hispanic origin) persons with origins in Europe, North Africa, and the Middle East such as Canadians, Italians, Arabs, and so forth; (b) Black (not of Hispanic origin) persons with origins in Africa such as Black Puerto Ricans, Jamaicans, Nigerians, Haitians, and so forth and who may identify themselves as "Black" or "Negro" or "African-American;" (c) American Indian persons with origins in American Indian tribes such as Canadian Indians, Spanish American Indians, and French-American Indians; (d) Eskimo persons with origins in North America such as Arctic Slop and Yupik; (e) Aleut persons with origins in the Americas such as Alutiqs and Egegiks; (f) Asian or Pacific Islander persons with origins in Asia and the Pacific Islands including Chinese, Filipinos, Japanese, Asian Indians, Koreans, Vietnamese, Samoans, Hawaiians, and so forth; (g) Hispanic persons with origins in Spain, Central or South America, Mexico, the Dominican Republic or Puerto Rico who may identify themselves as "Spanish," Hispanic," "Latino," "Mexican" or others.

(10) "Recipient" means a person, organization or individual who applies or may receive state financial assistance from the department.

(11) "Resident" means a person who lives or works in the town where the development is located. Durational residency requirements are not permitted.

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Sec. 8-37ee-2. Description

(a) The department is legislatively mandated under Section 8-37ee of the Connecticut General Statutes and the Connecticut Fair Housing Act, 46a-64b et seq. to promote fair housing choice and racial and economic integration in all housing funded in whole or in part by the department. Further, owners of state assisted housing are responsible for including in their Affirmative Fair Housing Marketing Plan provisions for the recruitment of an applicant pool that includes residents of municipalities of relatively high populations of those that would be least likely to apply. The goal of the department is to promote integrated housing by means of standards for Affirmative Fair Housing Marketing and Occupant Selection Criteria. At least twenty percent (20%) of the units shall be promoted to the group identified as "least likely to apply."

(b) Affirmative Fair Housing Marketing and Occupant Selection Criteria determine both who shall have the opportunity to apply for state assisted housing and who shall ultimately be selected for such housing. Because the state is providing financing for the rehabilitation or construction of decent, safe, and attractive housing at a very low cost to the occupant, it is incumbent upon all owners to assure that broad based marketing as well as equitable and responsible occupant selection procedures be implemented.

(c) The affirmative fair housing marketing requirements set forth in Section 8-37ee-1 through Section 8-37ee-17 of this regulation shall apply to all recipients where department funding is used for the development or rehabilitation of:

(1) Subdivisions or multifamily developments of five or more lots or units; or

(2) Scattered site dwelling units, where the recipient's participation in department programs has exceeded, or shall thereby exceed, the development or rehabilitation of five such dwelling units during the year.

(d) Developers shall be required to comply with all rules and orders that may be promulgated, from time to time, by the Commissioner and consistent with the Connecticut General Statutes for the development and management of projects.

(e) The Commissioner may waive any non statutory requirements imposed by Section 8-37ee-1 to Section 8-37ee-17, inclusive, of these regulations. Requests for a waiver shall be in writing, addressed to the Commissioner. Such waiver may only be granted with sufficient evidence that:

(1) the literal enforcement of such provisions provide for exceptional difficulty or unusual hardship not caused by the recipient;

(2) the benefit to be gained by waiver of the provisions is clearly outweighed by the detriment which shall result from enforcement;

(3) the waiver is in harmony with conserving public health, safety and welfare; and

(4) the waiver is in the best interest of the state.

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Sec. 8-37ee-3. Characteristics of affirmative fair marketing programs

Each recipient shall meet the following requirements or, if he contracts marketing responsibility to another party, be responsible for that party's carrying out the requirements:

(1) Carry out an affirmative program to attract buyers or tenants of all minority and majority groups to the housing for initial or ongoing sale or rental. An affirmative marketing program shall be in effect for each multifamily development throughout the life of the mortgage, assistance agreement or regulatory agreement, whichever is longer. The program shall include a carefully documented assessment of what groups are in need of affirmative marketing and a clearly articulated affirmative marketing policy and outreach effort. Such effort shall typically involve publicizing to those least likely to apply, the availability of housing opportunities through the type of media customarily utilized by the recipient, including minority publications or other minority outlets which are available in the housing market area. All advertising shall include the U.S. Department of Housing and Urban Development approved fair housing logo or slogan or statement and all advertising depicting persons shall depict persons of majority and minority groups.

(2) Maintain a nondiscriminatory policy in recruiting for staff engaged in the sale or rental of properties.

(3) Instruct all employees and agents, in writing and orally, in the policy of nondiscrimination and fair housing.

(4) Specifically solicit eligible buyers or tenants who may be referred to the recipient by the department or other organizations.

(5) Prominently display in all offices in which sale or rental activity pertaining to the project occurs, the U.S. Department of Housing and Urban Development approved Fair Housing Poster and include in any printed material used in connection with sales and rentals, the U.S. Department of Housing and Urban Development approved fair housing logo or slogan or statement.

(6) Post in a conspicuous position on all department project sites a sign displaying prominently either the U.S. Department of Housing and Urban Development approved Equal Housing Opportunity logo or slogan or statement.

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Sec. 8-37ee-4. The affirmative fair housing marketing plan

Each recipient to which section 8-37ee-1 through 8-37ee-17 of these regulations apply shall provide, on a form and in the manner prescribed by the department in its affirmative fair housing marketing and selection procedures manual, information indicating his affirmative fair housing marketing plan to comply with the requirements set forth in Section 8-37ee-1 above. The plan, once approved by the department, shall be available for public inspection at the sales or rental office of the recipient.

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Sec. 8-37ee-5. Notice of housing opportunities

The department shall prepare quarterly a list of all projects covered by section 8-37ee-1 through 8-37ee-17 of these regulations on which commitments have been issued during the preceding ninety days. The department shall maintain a roster of interested organizations and individuals, including public agencies responsible for providing relocation assistance and local housing agencies, desiring to receive the quarterly list and shall provide the list to them.

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Sec. 8-37ee-6. Procedures

(a) The purpose of this Part is to establish a process to implement the department's affirmative fair housing marketing requirements set forth in Part 1, section 8-37ee-1 through 8-37ee-5 of these regulations, by developing a comprehensive procedure which provides all recipients subject to these requirements advance information as to departmental procedures to assure compliance.

(b) Compliance procedures consist of: approval of the affirmative fair housing marketing plan and selection procedures, approval of any modifications to the plan and procedures, pre-marketing conference if necessary, reports during the application and selection period, compliance review, if necessary, and initiation of sanctions.

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Sec. 8-37ee-7. Requisite approvals, notifications, and reports

(a) The affirmative fair housing marketing plan and selection procedures shall be approved by the affirmative action office of the department prior to final approval of the recipient's application.

(b) Any modifications made to the plan and procedures subsequent to final approval shall also be approved by the affirmative action office.

(c) Recipients shall submit a Notification of Intent to Begin Marketing to the department, no later than 90 days prior to engaging in sales or rental marketing activities. Upon receipt of the Notification of Intent to Begin Marketing from the recipient, the department's affirmative action office shall review any previously approved plan and, if necessary, may schedule a preoccupancy conference at the department.

(d) Such conference shall be held prior to initiation of sales or rental marketing activities. At the preoccupancy conference, the previously approved plan shall be reviewed with the recipient to determine if the plan, and/or its proposed implementation, requires modification prior to initiation of marketing in order to achieve the objectives of the affirmative fair housing marketing regulation and the plan.

(e) Three reports regarding racial and economic make up of housing shall be made to the affirmative action office before final occupancy: one after the period for submission of applications; one after pre-screening; and one after final selection. These may be done by telephone with written follow-ups for verification. If the affirmative action office finds at any stage that there are insufficient "least likely to apply" candidates due to a lack of good faith affirmative fair marketing efforts, then the affirmative action office shall reserve the right to require additional outreach until such time as a sufficient effort has been expended or a sufficient number of applicants are available. Such additional outreach may delay the occupancy of units. The affirmative action office may further require a compliance meeting, as specified in Section 8-37ee-8, below.

(f) Recipients shall be required to collect racial and economic data from tenants and persons on waiting lists. The data collected shall analyze income groups and races served, and shall be reported to the Commissioner annually, before October thirty-first for the year ending the preceding September thirtieth. The analysis shall also include data for all households entering the housing development or project during the year ending the preceding September thirtieth and in occupancy the preceding September thirtieth.

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Sec. 8-37ee-8. Compliance meeting

(a) If a recipient fails to comply with the affirmative fair housing marketing requirements or it appears that the goals of the plan may not be achieved or that the implementation of the plan should be modified, the department's affirmative action office may schedule a meeting with the recipient.

(b) The purpose of the meeting is to review the recipient's compliance with the affirmative fair housing marketing requirements and the implementation of the plan and to indicate any changes or modifications which may be required in its plan.

(c) A notice of the compliance meeting shall be sent to the last known address of the recipient, by certified mail, or through personal service. The notice shall advise the recipient of the right to respond within seven (7) days to the matters identified as subjects of the meeting and to submit information and relevant data evidencing compliance with the affirmative fair housing marketing regulations and the plan.

(d) The recipient shall be requested in writing to provide, prior to or at the compliance meeting, specific documents, records and other information relevant to compliance including but not limited to:

(1) copies of all advertising in the Metropolitan Statistical Area (MSA) or housing market area, as appropriate, including newspaper, radio and television advertising;

(2) photo of any sale or rental sign at the site of construction;

(3) copies of brochures and other printed material used in connection with sales or rental;

(4) evidence of outreach to community organizations and any other evidence of affirmative outreach to groups which are least likely to apply for the subject housing;

(5) evidence of instructions to employees with respect to company policy of nondiscrimination in housing;

(6) description of training conducted with staff;

(7) evidence of nondiscriminatory hiring and recruiting policies for staff engaged in the sale or rental activities;

(8) copies of applications and waiting lists of prospective buyers and renters maintained by the recipient;

(9) copies of sign-in lists maintained on site for prospective buyers and renters who are shown the housing;

(10) copies of the selection and screening criteria;

(11) copies of relevant sales or lease agreements; and

(12) any other information which documents efforts to comply with the plan.

(e) Based on the evidence, the department shall notify the recipient within (10) ten days of the meeting whether or not the recipient is in compliance with the affirmative fair housing marketing regulations or plan, or if the matters raised at the compliance meeting can not be resolved.

(f) If the evidence indicates an apparent failure to comply, the department shall conduct a comprehensive compliance review.

(g) If the recipient fails to attend the meeting scheduled, the department shall notify the recipient no later than ten days after the date of the scheduled meeting, in writing by certified mail, return receipt requested, and shall advise the recipient as to whether a comprehensive compliance review shall be conducted or to recommend the imposition of sanctions.

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Sec. 8-37ee-9. Compliance reviews

(a) All compliance reviews shall be conducted by the department's affirmative action office.

(b) Even in the absence of a complaint or other information indicating noncompliance, the department may conduct periodic compliance reviews throughout the life of the project.

(c) The purpose of a compliance review is to determine whether the recipient is in compliance with the department's requirements and the approved affirmative fair housing marketing plan. The recipient shall be given at least five days notice of the time set for any compliance review and the place or places for such review.

(d) The compliance review shall cover the following areas:

(1) sales and rental practices, including practices in soliciting buyers and tenants, determining eligibility, selecting and rejecting buyers and renters and in concluding sales and rental transactions;

(2) activities to attract minority and majority buyers and renters, including the use of advertising media, brochures, pamphlets, fair housing poster; and

(3) data relating to size and location of units, services provided, sales and/or rental price ranges and other matters relating to the marketing of the units.

(e) Following the compliance review, a report shall be prepared finding whether the project is in compliance or noncompliance. Whenever a finding of noncompliance is made, the report shall list specifically the violations found. The recipient shall be sent a copy of the report by certified mall, return receipt requested.

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Sec. 8-37ee-10. Hearings

Should a hearing be requested it shall be conducted in accordance with the following:

(1) Designation of Parties

In issuing the notice of hearing, the Commissioner shall designate as parties any persons known to the Commissioner whose legal rights, duties or privileges are being determined in the contested case and any person whose participation as a party is deemed by the Commissioner to be necessary to the proper disposition of such proceeding. Subsequent to the issuance of the notice of hearing, no other person before the Commissioner shall have standing as a party within the definition of section 4-166 (5) of the General Statutes, except upon the express order of the Commissioner.

(2) Participation by Persons Other Than Parties

(A) At any time prior to the Commencement of oral testimony in any hearing on a contested case, any person may request that the Commissioner permit that person to participate in the hearing. Any person not a party that is so permitted to participate in the hearing shall be identified as an intervenor for purposes of section 8-37ee-10 and shall participate in those portions of the contested case that the Commissioner shall expressly authorize.

(B) No grant or leave to participate in the hearing as an intervenor or in any other manner shall be deemed to be an admission by the Commissioner that the person he/she had permitted to participate is a party in interest that may be aggrieved by any final decision, order or ruling of the Commissioner, unless such grant of leave to participate expressly so states. An intervenor is a party of record for the limited purposes described in section 4-183 of the General Statute.

(3) Representation of Parties and Intervenors

Each person authorized to participate in a contested case as a party or as an intervenor shall file a written notice of appearance with the Commissioner. Such appearance may be filed in behalf of parties and intervenors by an attorney, an agent or other duly authorized representative subject to the rules here-in-above stated. The filing of a written appearance may be excused on behalf of the Commissioner.

(4) Commencement of Hearing

When a hearing is required by law as to any person, the contested case shall commence on the date of filing of the request or petition.

(5) Place of Hearing

All hearings shall be held at the department, 505 Hudson Street, Hartford, 06106, unless a different place is designated by statute or by the direction of the Commissioner.

(6) Notice of Hearing

(A) Except when the Commissioner shall otherwise direct, the Commissioner shall give written notice of a hearing in any pending matter to all persons designated as parties, to all persons permitted to participate as intervenors, to all persons otherwise required by statute to be notified and to such other persons as have filed with the department their written request for notice of hearing in the particular matter. Written notice shall be given to such additional persons as the Commissioner shall direct. The Commissioner may give such public notice of the hearing as the Commissioner shall deem appropriate within the provisions of Section 1-21 of the General Statutes.

(7) General Provisions

(A) Purpose of Hearing--The purpose of any hearing the Commissioner conducts under chapter 54 of the General Statutes shall be to provide to all parties an opportunity to prevent evidence and argument on all issues to be considered by the Commissioner.

(B) Order of Presentation--In hearing on requests and petitions, the party shall open and close the presentation of any part of the matter shall be the person making the request or petitioner.

(C) Limiting the Number of Witnesses--To avoid unnecessary cumulative evidence, the Commissioner may limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing.

(D) Written Testimony--The Commissioner may permit any party to offer testimony in written form. Such written testimony shall be received in evidence with the same force and effect as though it were stated orally by the witness who has given evidence, provided that each such witness shall be present at the hearing at which testimony is offered, shall adopt the written testimony under oath, and shall be available for cross-examination as directed by the Commissioner. Prior to its admission, such written testimony shall be subject to objections by parties.

(8) Witnesses and Testimony

(A) Powers - The Commissioner shall have the power to administer oaths, take testimony under oath relative to the matter of inquiry or investigation, subpoena witnesses and require the production or records, physical evidence, papers and documents.

(B) Superior Court - If any person disobeys the subpoena or, having appeared, refuses to answer any questions put to him/her or to produce any records, physical evidence, papers and documents requested by the Commissioner, the department may apply to the superior court in accordance with section 4-177b of the General Statutes.

(9) The following rules of evidence shall be followed in the admission of testimony and exhibits in all hearings held under section 4-178 of the General Statutes.

(A) General - any oral or documentary evidence may be received but the Commissioner shall, as a matter of policy, exclude irrelevant, immaterial or unduly repetitious evidence. The Commissioner shall give effect to the rules of privilege recognized by law in Connecticut where appropriate to the conduct of the hearing. Subject to these requirements any testimony may be received in written form as herein provided.

(B) Documentary Evidence - Documentary evidence shall be submitted in original form, but may be received in the form of copies or excerpts at the discretion of the Commissioner. Upon request by any party an opportunity shall be granted to compare the copy with the original if available, which shall be produced for this purpose by the person offering such copy as evidence.

(C) Cross-examination - Cross-examination may be conducted as the Commissioner shall find to be required for a full and true disclosure of the facts.

(D) Facts Noticed, Records - The commissioner may take administrative notice of judicially cognizable facts, including the records and the prior decisions and orders of the department.

(E) Facts Noticed, Scope and Procedure - The Commissioner may take administrative notice of generally recognized technical or scientific facts within the department's specialized knowledge. Parties shall be afforded an opportunity to contest the material so noticed by being notified before or during the hearing or by an appropriate reference in preliminary reports or otherwise of the material noticed. The Commissioner shall nevertheless employ the department's experience, technical competence and specialized knowledge in evaluating the evidence presented at the hearing for the purpose of making his finding of facts and arriving at a final decision.

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Sec. 8-37ee-11. Filing of testimony and exhibits

Upon the order of the Commissioner before, during or after the hearing any party shall prepare and file exhibits and testimony. Any additional exhibits and testimony shall be deemed to be an offer of evidence and shall be subject to such comment, reply and contest as due process shall require.

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Sec. 8-37ee-12. Uncontested disposition

Unless precluded by law any request or petition may be resolved by stipulation, agreed settlement, consent-order or default, subject to the order of the Commissioner. Upon such disposition, a copy of the order of the Commissioner shall be served one each party.

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Sec. 8-37ee-13. Delegation of powers

The Commissioner may designate any employee of the department to serve as hearing officer at a contested case hearing and to render a final decision or proposed final decision.

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Sec. 8-37ee-14. Record

The record before the Commissioner in a contested case shall include (1) all motions, requests of action, petitions, pleadings, notices of hearing and intermediate rulings; (2) the evidence received and considered by the Commissioner; and (3) questions and offers of proof, objections and the rulings thereon during the hearing.

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Sec. 8-37ee-15. Final decision

(a) The Commissioner shall render a final decision within ninety (90) days following the close of evidence or the due date for the filing of briefs, whichever is later, in such proceedings. All decisions and orders of the Commissioner concluding a contested case shall be in writing and shall include findings of fact and conclusions of law. The Commissioner shall serve a copy of the final decision by certified mail on each party in the manner required by these rules of practice.

(b) If the Commissioner fails to comply with the provisions of subsection (a) above, in any contested case, any party thereto may apply to the superior court for an order requiring the Commissioner to render a final decision.

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Sec. 8-37ee-16. Petition for reconsideration of final decision

(a) Unless otherwise provided by law, a party in a contested case may, within fifteen (15) days after the personal delivery or mailing of the final decision, file with the department a petition for reconsideration on the grounds that (1) an error of fact or law should be corrected; (2) new evidence has been discovered which materially affects the merits of the case and which for good reasons was not presented in the hearing; or (3) other good cause for reconsideration has been shown.

(b) Within twenty-five (25) days of the filing of the petition, the department shall decide whether to reconsider the final decision. The failure of the department to make a decision within twenty-five (25) days of such filing shall constitute a denial of the petition.

(c) Within forty (40) days of the personal delivery or mailing of the final decision, the department, regardless of whether a petition for reconsideration has been filed, may decide to reconsider the final decision.

(d) If the department decides to reconsider the final decision, it shall proceed within thirty (30) days to conduct such additional proceedings as may be necessary to render a decision modifying, affirming or reversing the final decision.

(e) On a showing of changed conditions, the department may reverse or modify the final decision at any time, at the request of any person or on the department's own motion.

(f) The party or parties who were the subject of the original final decision or their successors, if known, and intervenors in the original case, shall be notified of the proceeding and shall be given the opportunity to participate in the proceeding. Any decision to reverse or modify the final decision shall make provision for the rights or privileges of any person who has been shown to have relied on such final decision.

(g) A person who has exhausted all administrative remedies available within the department and who is aggrieved by the final decision may appeal to the superior court as provided in section 4-183 of the General Statutes.

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Sec. 8-37ee-17. Compliance for existing state assisted units

Each owner of five or more state assisted housing units shall comply with these requirements within at least one year of the effective date of this regulation.

Effective February 2, 1994                                    Return to top


 

Sec. 8-37ee-18 through 8-37ee-299. Reserved

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Sec. 8-37ee-300. General information

(a) This manual should be used in conjunction with the Fair Housing regulations under Section 8-37ee-1 through Section 8-37ee-17 of the Regulations of Connecticut State Agencies, and the instructions accompanying the Affirmative Fair Housing Market Form included in this manual.

(b) The purpose of this manual is to assist recipients of state financial assistance from the department in understanding what shall be required of them, as well as to further implement the provisions of Section 8-37ee-1 through Section 8-37ee-17 of the Regulations of Connecticut State Agencies.

(c) The Affirmative Fair Housing Marketing Plan shall be submitted on the form, and in the manner, prescribed by the department. The plan shall include all of the techniques which recipients intend to employ to assure that marketing is broad-based and that prospective buyers and/or renters of varied income groups, including persons with physical disabilities would feel welcome to apply. At least twenty percent (20%) of the units shall be promoted to the "least likely to apply" group.

Effective February 2, 1994                                        Return to top

Sec. 8-37ee-301. Definitions

All terms defined in Section 8-37ee-1 of the Regulations of Connecticut State Agencies shall have the meanings set forth there.

The following apply to Section 8-37ee-300 through Section 8-37ee-314 of the Regulations of Connecticut State Agencies:

(1) "Least likely to apply" means those persons who, in the main, do not live in the area of the development because of racial or ethnic patterns, perceived community attitudes, price or other factor, and thus need additional outreach to inform them of their opportunity to live in the development. In predominantly white areas, these shall be minority groups; in predominantly minority areas, these shall be white groups.

(2) "Recipient" means a person, organization or individual who applies or may receive state financial assistance from the department.

(3) "Resident" means a person, including an applicant, living or working in the municipality in which the housing is located. Durational residency requirements are not permitted.

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Sec. 8-37ee-302. Affirmative fair housing marketing process

(a) Assessing Affirmative Marketing Needs

Recipient plans shall identify the group(s) "least likely to apply" to the housing through the submission of relevant demographic data. Data may be derived from the U.S. Census, municipal sources, regional planning agencies, civil rights groups, fair housing officers, social service agencies, and like organizations. Source documentation shall be clearly identified.

(b) Affirmative Marketing Outreach

(1) Mechanisms - Recipients' plans shall determine and identify the most appropriate outreach mechanisms which should include: newspaper, radio, television, and other media advertisements as well as flyers and announcements to social service agencies and other organizations with the desire and capacity to inform potential applicants of the availability of housing. These mechanisms or organizations shall represent those most likely to be read, heard, seen by, or in contact with applicants least likely to apply.

(2) Locale - Recipients' plans shall provide for the dissemination of information at a minimum in (a) the largest city located in the nearest Primary Metropolitan Statistical Area or Areas or Metropolitan Statistical Area or Areas, (b) the regional planning area, and (c) any other areas which are likely to contain high minority populations and where public transportation or public highways and/or job availability make it likely that minorities might wish to move where the development is located.

(3) Time frame - Recipients' plans shall identify the time frame, duration, and frequency of the materials to be announced or distributed. At a minimum affirmative fair housing marketing shall begin prior to general marketing. There shall be at least three (3) documented efforts with updated materials as necessary: the first at the beginning of construction; the second at approximately 50 percent completion; and the final, six to eight weeks prior to completion.

(4) Notice of Intent to Begin Marketing - Recipients are required to give notice to the department no later than 90 days prior to engaging in sales or rental marketing activities.

(5) Prominence - Recipients' plans shall provide that any materials shall be prominently displayed or appear where they are most likely to be read or seen, e.g. not in the "legal notices" section of the paper but in more prominent ads.

(6) Content - Recipients' plans shall identify the content of the materials to be used which at a minimum shall: (a) identify the location of the housing; (b) provide a narrative description of the housing; (c) identify when the application process shall begin and end; (d) be neutral in the sense of encouraging all potentially eligible applicants to apply; (e) include a contact person and telephone number; (f) display the fair housing logo and clearly state the owner's commitment to Fair Housing and non-discrimination; (g) where relevant, be provided in both English and Spanish; (h) where there is any advertising depicting persons, depict persons of both sexes and persons of majority and minority groups; (i) describe the application and selection process as stated in Section 8-37ee-304 and Section 8-37ee-305 of these regulations; and (j) include the fair housing policy statement as stated in Section 8-37ee-311 below.

(7) Community contacts - Recipients' plans shall identify community contacts which shall include individuals and organizations that are well known in the area who can reach and assist those least likely to apply. These may include church groups, housing counseling groups, legal services organizations, labor unions, minority and women's organizations, shelters, social service agencies, housing authorities, and town officials. Each of these entities shall receive appropriate materials as described in subsection (5) with additional instructions, if necessary.

(8) Counseling and application assistance - Recipients' plans shall provide that either the contact person or a housing counseling organization, fair housing officer, or other similar party is trained in fair housing and its requirements and is ready and willing to assist all applicants including the least likely to apply with the application process.

(9) Follow-up - Recipients' plans shall provide for follow-up meetings or telephonic reports from the various outreach organizations listed in subsection (7) in order to evaluate the effectiveness of the affirmative marketing. Where organizations determine that few potential applicants are displaying an interest, alternative approaches should be considered.

(10) Public inspection - Recipient approved plans shall be available for public inspection.

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Sec. 8-37ee-303. Application process

(a) The application period shall extend for at least 90 days before initial occupancy. An application deadline shall be established when all applications shall be completed and returned. Applications received after the deadline shall not be considered unless there is: (1) an insufficient number of initial applicants; and/or (2) the department determines that more affirmative marketing is necessary.

(b) Recipients shall use a standard application form furnished by the department included in this manual.

(c) Anyone seeking to apply shall be given the opportunity to do so.

(d) Anyone needing help in filling out the forms shall be assisted.

(e) Each application received shall be immediately dated and time stamped.

Each applicant shall be given a receipt with the date and time on it.

(f) Each applicant shall have a control number assigned in chronological order.

(g) A file shall be opened for each applicant. The file shall remain confidential information.

(h) Selection shall occur at least thirty (30) days before scheduled occupancy to prevent vacancies.

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Sec. 8-37ee-304. Selection process

(a) Recipients should develop a written selection plan which covers the tenant selection process they intend to use. Such plan should include, at a minimum, the following:

(1) Procedures for accepting applications and screening applicants;

(2) Fair housing requirements;

(3) When applicants may be rejected; and

(4) Procedures for selecting applicants from the waiting list(s).

(b) At a minimum, the following factors shall be used to screen applicants:

(1) demonstrated ability to pay rent on time;

(2) housekeeping habits based on visits to the applicant's current residence;

(3) comments from former landlords; endorsement from at least two is preferred; and

(4) Credit checks may be obtained. These may be useful when no rental payment history is available. A lack of credit history, as opposed to a poor credit history, is not sufficient grounds to reject an applicant. Recipients should try to obtain all credit checks, landlord and personal references and so forth before the home visit and interview so that if negative information is received the applicant shall be given the opportunity to explain the circumstances.

(c) Recipients shall also prepare one Occupant Selection List which shall be subdivided by the number of units available and bedroom size. The following guidelines shall be used to determine minimum and maximum housing capacity:

Bedroom Size

Minimum

Maximum

00 (single room

   occupancy)

1

1

0 (efficiency unit)

1

1

1

1

2

2

2

4

3

3

6

4

5

8



Effective February 2, 1994                               Return to top

Sec. 8-37ee-305. Selection methodology

(a) For purposes of fairness and equity the department allows either a point system or a purely random lottery selection method. However, if there is a tie score under the point system method and there is a limited number of units available for persons with the same point score, the random selection method or first come, first serve (chronological order) shall be used in conjunction with the point system to select which applicant gets the unit.

(b) Point System Selection Method

(1) Point systems may be altered by the Commissioner to comply with fair housing goals. Where a program dictates other kinds of requirements, e.g. limited equity cooperatives may look for participants willing to put in sweat equity, points for such neutral categories may be added with the approval of the Commissioner.

(A) Calculation of Points - The applicant receives the full point score or none; subjective practical scoring is not allowed. Where department program requirements mandate selection criteria such as age, income, etc., applicants shall first meet that standard. Where an applicant does not meet the program requirements, the applicant maybe rejected without further analysis.

(2) The following is the Department s approved point system that recipients shall use.

POINT SYSTEM METHOD

(i)

SUBSTANDARD HOUSING

25 point maximum

condemned or verified

serious housing code

violations

25 points

inadequate heating,

plumbing, or cooking

facilities

20 points

(ii)

LIVING SITUATION

25 point maximum

living in documented

physically or emotionally

abusive situation

25 points

living in a shelter or

transitional housing

25 points

living in temporary housing

with others because of

conditions beyond applicant's

control (condemnation,

foreclosure, fire, loss of

job, etc.)

20 points

living in overcrowded

conditions in own housing

unit (e.g. 1.5 persons per

room)

15 points

(iii)

INCOME/RENT RATIO

15 point maximum

currently paying more than

50% of income for rent

or housing

15 points

currently paying between

31-50% of income for

rent/housing

10 points

(iv)

(OPTIONAL) RESIDENT OR

LEAST LIKELY TO APPLY APPLICANT

10 points



(a) If this resident selection category is used, the 10 points shall be awarded to both residents and least likely to apply applicants. However, if the owner chooses, more points may be awarded to the least likely to apply applicants (e.g. 15, 20, 25 points, etc.).

(3) Points shall be added up for each applicant. The department recommends that the recipient create a pool of candidates with the highest score and which exceed the number of available units by bedroom size by at least three times. Applicants shall be selected by a lottery.

(4) If the number of applicants does not exceed the number of available units by bedroom size by at least three times applicants may be selected on a first come first serve basis.

(c) Random Selection Method - Lottery

If recipients select the random selection method the factors they shall use in determining selection shall include:

(1) Determining the income eligibility of all applicants;

(2) Pre-screening/interviewing for credit worthiness and other reasonable common rental or ownership criteria; and for verification of applicant information.

(3) Putting all applicants with favorable interviews, that is, having no ground for disqualification based on subsection (e) of this section, back in the pool and choosing by a lottery system.

(d) Interview or Home Visit

(1) Ideally all applicants meeting income guidelines should be interviewed. When a large number of applicants apply, recipients may conduct interviews and/or home visits with only those who meet the minimum threshold point score, so long as the number of interviewees significantly exceeds the number of available units.

(2) The interview should be used for purposes of verifying and clarifying information in the application as well as exploring the ability and willingness of the applicant to meet financial commitments and to assume the other responsibilities of tenancy or ownership. Points should not be added or subtracted as a result of the home visit and interview unless information on the application was erroneous.

(e) Grounds for disqualification

(1) Applicants may be disqualified from final selection upon documentary verification of any of the following: (A) the applicant or any member of the applicant's household has a history of disturbing neighbors, destroying property, or living or housekeeping habits which would substantially interfere with the health, safety, or peaceful enjoyment of other residents; (B) the applicant has a history of rental nonpayments within the past 12 months without reasonable justification (justification might be: substandard housing, loss of a job, etc.); (c) the applicant has knowingly falsified information in the application process; or (D) the applicant cannot demonstrate an ability to pay the base rent.

(2) Applicants deemed ineligible, for whatever reason(s), shall be notified in writing, before the final selection, of the reason(s) for rejection and their right to appeal within ten days of the rejection. Recipients should inform applicants that an appeal should be made immediately to assure their return to the applicant pool if they prevail. An impartial hearing officer shall be chosen by the recipient who shall issue a written opinion within five days of the hearing. All appeals should be heard within five days of the request.

(3) Applicants still aggrieved shall be informed of their right to appeal the decision of the hearing officer to the department's affirmative action office. Such appeal shall be made in writing, and brought within ten days of the adverse decision.

(4) Recipients shall keep the following materials on file for at least three years: (1) application; (2) initial rejection notice; (3) any applicant reply; (4) the recipient's final response; and (5) all interview and verified information on which the rejection was based.

Effective February 2, 1994                     
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Sec. 8-37ee-306. Insufficient number of least likely to apply applicants

(a) If the Affirmative Action Office finds, at any stage, that there is an insufficient amount of least likely to apply candidates due to a lack of good faith affirmative fair marketing it shall have the right to require additional outreach until such time as a sufficient effort has been expended or a sufficient number of applicants is available. Such additional outreach may delay the occupancy of units.

(b) Where the department determines that good faith efforts have been made to recruit applicants who are least likely to apply and there is still an insufficient number of eligible applicants, recipients shall be given permission to rent or sell units to other eligible applicants.

(c) The department's determination of the owner's good faith efforts shall include, but not be limited to: substantiating that the outreach which it stated in its Affirmative Fair Housing Marketing Plan was actually completed; that such efforts met time and durational requirements; that the marketing approach was amended or enhanced when found deficient; and that there were particular local, regional, and/or market reasons for the failure of the Affirmative Fair Housing Marketing Plan to attract a sufficient pool of applicants who are least likely to apply. The owner shall develop and maintain adequate documentation in a manner prescribed by the department of its good faith efforts.

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Sec. 8-37ee-307. Post occupancy requirements

(a) Following the initial lease-up or sales, recipients shall continue to affirmatively market to those least likely to apply for the life of the mortgage, assistance agreement or regulatory agreement, whichever is longer. Recipients shall make every good faith effort to maintain a racially and economically integrated housing development.

(b) Recipients should schedule application periods as in the initial lease-up or sales at reasonable intervals. Such application periods shall have a deadline and new applicants shall be chosen as in the initial selection system. Prospective applicants shall only be considered during this application period. Where point systems are used, new applicants with higher points may not displace previous waiting list applicants unless the waiting lists have been reviewed and updated.

(c) The department shall require annual updates on whether recipient affirmative fair marketing goals have been met and whether recipients have been able to sustain their goals. Upon review of the information the department may require remedial action where it is deemed necessary. Records of all affirmative fair marketing, tenant selection, and waiting lists should be retained for at least five years or as set forth in the Assistance or Regulatory Agreement with the Department.

(d) Recipients may be monitored on a yearly basis for compliance with the fair housing requirements stated herein and may be subject to random on site monitoring.

Effective February 2, 1994                                         Return to top


 

Sec. 8-37ee-308. Reserved

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Sec. 8-37ee-309. Recipient training

Prior to any disbursement of financial assistance recipients shall be required to attend a seminar on implementing the department's Fair Housing regulations. Recipients are encouraged to attend other fair housing forums and participate in fair housing events. All recipient employees and agents shall be informed, in writing, and orally, of fair housing requirements.

Effective February 2, 1994                                        Return to top

 

Sec. 8-37ee-310. Affirmative marketing for other grantees


Recipients who are not producing housing shall affirmatively market their programs so that a broad range of majority and minority beneficiaries are encouraged to apply for whatever assistance is provided. Outreach should comply with the Affirmative Fair Housing Marketing Plan Guidelines.

Effective February 2, 1994                                        Return to top


 

Sec. 8-37ee-311. Fair housing policy statement and publicity

(a) Any recipient, including but not limited to sponsors of housing, technical assistance organizations, and subcontractors, shall adopt a fair housing statement prior to the receipt of department funds which shall include the following:

(1) Recipient's commitment to promote Fair Housing choice and not to discriminate against any person as prohibited in General Statutes 46a-64c as amended. Protected classes include: race, creed, color, national origin, ancestry, sex, marital status, age, lawful source of income, familial status, physical or mental disability, or sexual orientation. The provisions of 46a-64c should be specifically included in the pledge.

(2) Recipient's commitment to promote racial and economic integration in any housing developed or supported with department funds being sought or recipient's commitment to seek beneficiaries from all racial and ethnic groups as well as the physically and mentally handicapped and families with children, and to seek a broad range of income eligible beneficiaries, whichever provision is relevant to the kinds of services provided by the grantee.

(3) Identifies the person assigned Fair Housing responsibilities by name, position, address, and telephone.

(4) Includes a discrimination complaint procedure which shall be disseminated to applicants and posted.

(5) Is revised as needed.

(6) States how the policy shall be disseminated.

(7) Is signed by the Board President, CEO, or other comparable party.

(b) Before dissemination the policy shall be approved by the department. The policy shall be prominently posted in the recipient's offices and also on the site where building or rehabilitation is taking place.

(c) Recipients shall prominently display in all offices, in printed materials, and on housing sites fair housing posters and/or the fair housing logo which may be obtained from the department's affirmative action office.

Effective February 2, 1994                                        Return to top


 

Sec. 8-37ee-312. Modification of requirements

(a) Where another program funding requires stricter fair housing requirements, upon approval of the department those shall be followed.

(b) Where federal sources are also funding the housing, federal fair housing requirements, as well as these shall be adhered to.

(c) Where the department is funding minor rehabilitation, these requirements may be adjusted as determined by the department.

Effective February 2, 1994                                        Return to top


 

Sec. 8-37ee-313. Reporting requirements

(a) Three reports regarding racial and economic information shall be submitted to the Affirmative Action Office before final occupancy: one after the period for submission of applications; one after pre-screening; and one after final selection. These may be done by telephone with written follow-ups for verification.

(b) Recipients shall be required to collect racial and economic data from tenants and persons on waiting lists. The data collected shall analyze income groups and races served, and shall be reported to the Commissioner annually, before October thirty-first for the year ending the preceding September thirtieth. The analysis shall also include data for all households entering the housing development or project during the year ending the preceding September thirtieth and in occupancy the preceding September thirtieth. This information shall be in report form (written) and in the manner prescribed by the department.

Effective February 2, 1994                                        Return to top


Sec. 8-37ee-314. Fair housing compliance for existing state assisted units

(a) Each owner of five or more state assisted housing units shall develop an affirmative fair housing marketing plan for each such development as described in Section 8-37ee-302, and selection procedures as described in Section 8-37ee-304 of these regulations.

(b) Each owner of state assisted housing shall evaluate its waiting list for each development to determine whether or not the waiting list provides for racial and economic diversity as required by Public Act 91-362.

(c) If there are either insufficient families who are least likely to apply on the list or near the top of the list such that they might be housed within the next year, then the units shall be affirmatively fair marketed.

(d) Eligible applicants currently on the waiting list may not be removed from such list unless duly purged. However, once any additions are to be made to the list, all requirements of this manual shall apply to the new applicants.

(e) Owners of currently assisted state housing shall be expected to comply with all other requirements of this manual within a reasonable time after its effective date and, at a maximum, within one year of such date.
 
AFFIRMATIVE FAIR HOUSING MARKETING PLAN TIME FRAMES/PHASES

For recipient's convenience, please find below, an outline of the Affirmative Fair Housing Marketing Plan time frames/phases.
 
PRE-APPLICATION/APPLICATION PHASE

(a) A pre-application briefing is held at the department before the application for funding is submitted.

(b) The affirmative fair housing marketing plan (plan) and selection procedures (procedures) are submitted with the funding application. They are reviewed and approved or returned for resubmission. They shall be approved before the final application is approved by the department.

(c) Any modifications made to the plan and/or procedures shall be submitted for approval.
 
MARKETING PHASE

(a) 90 days prior to affirmative fair housing marketing (which shall begin prior to general marketing), a Notification of Intent to Begin Marketing shall be submitted to the department.

(b) The plan and procedures are reviewed and a preoccupancy conference may be scheduled.

(c) Affirmative fair housing marketing begins at the start of construction.

(d) A second such marketing effort takes place at 50 percent completion.

(e) Final fair housing marketing occurs 6-8 weeks prior to completion.

(f) If inadequate numbers of "least likely to apply" candidates are applying, recipients should reassess outreach mechanisms.
 
APPLICATION PHASE

(a) The time for receipt of all applications shall extend for at least 90 days.

(b) Reports to the department regarding racial and economic make-up shall be submitted:

(1) after the application period ends

(2) after pre-screening is completed

(3) after final selection
 
POST OCCUPANCY PHASE

(a) Affirmative fair housing marketing and selection procedures shall be continued for the life of the project.

(b) Yearly updates on meeting and sustaining goals shall be required.

(c) The department may randomly monitor housing to assure continuing compliance.

(d) If at any time the department determines that there are insufficient "least likely to apply" applicants or occupants due to the lack of a good faith effort on the part of the recipient, further outreach and/or a Compliance Meeting may be required.

Effective February 2, 1994                                       
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Sec. 8-37r-1. Definitions

The following definitions apply to Sections 8-37r-1 through 8-37r-9 of the Regulations of Connecticut State Agencies

(a) "Category of Personal Data" means the classifications of personal information set forth in the Personal Data Act, Section 4-190 (9) of the General Statutes.

(b) "Commissioner" means the Commissioner of Housing.

(c) "Department" means the Department of Housing.

(d) "Developer" means (1) a nonprofit corporation; (2) any business corporation incorporated pursuant to chapter 599; (3) any partnership, limited partnership, joint venture, trust or association; (4) a housing authority; or (5) a municipal developer.

(e) "Direct Assistance Program" is any program established, conducted, funded or administered by the Department in which the beneficiary is a "program applicant" as defined by these regulations.

(f) "Other Data" means any information which, because of name, identifying number, mark or description can be readily associated with a particular person.

(g) "Program Applicant" means a family or person approved or seeking approval by the Commissioner as qualified to own, rent, construct, rehabilitate, manage, maintain or otherwise improve housing under a mortgage, loan or grant made or insured under an agreement with the Department of Housing.

(h) Terms defined in Section 4-190 of the General Statutes shall apply to these regulations.

Effective December 5, 1989                                       
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Sec. 8-37r-2. General nature and purpose of personal data systems

The Department of Housing shall maintain the following personal data systems:

(a) Personnel Records

(1) Personnel records are any records containing personal data relating to an employee of the Department.

(2) All personnel records are maintained by the Department of Housing at 1179 Main Street, Hartford, Connecticut.

(3) Personnel records may be maintained in automated or conventional files.

(4) Personnel records are maintained for the purposes of providing payroll history, promotion information, disciplinary, and related personnel information concerning Department employees.

(5) Personnel records are the responsibility of the Deputy Commissioner of Administration, whose business address is 1179 Main Street, Hartford, Connecticut, 06103-1089.

(6) Routine personal information in personnel files may be provided by the employee, the employee's current and past supervisors, previous employers, the Comptroller's Office, the Department of Administrative Services, Division of Personnel and Labor Relations, and State insurance carriers.

(7) Personnel records shall be collected, maintained and used pursuant to Connecticut General Statutes Section 5-193, et seq.

(b) Payroll and Retirement System Participant Records

(1) Payroll and retirement system participant records are any records containing personal data relating to a current or former Department employee's participation in the State payroll and retirement system.

(2) The Department shall maintain the records of participants in the payroll and retirement system at its offices at 1179 Main Street in Hartford, Connecticut.

(3) Participant records may be maintained in automated or conventional files.

(4) The Department maintains payroll and retirement participants records for the purpose of determining pay and eligibility for and the amount of benefit payments due to participants and beneficiaries.

(5) Payroll and retirement system participant records are the responsibility of the Deputy Commissioner of Administration whose business address is 1179 Main Street, Hartford, Connecticut 06103.

(6) Routine sources of information in participant records are generally the participant, current and previous employers of the participant, and the Department.

(7) Personal data in payroll and retirement system participant records are collected, maintained and used under authority of Chapter 66 of the Connecticut General Statutes, Section 5-152 through 5-192x, inclusive.

(c) Program Applicant Records

(1) Program applicant records are any records containing personal data relating to any person or family maintained for the purpose of determining eligibility for any direct assistance program administered by the Department of Housing.

(2) All program applicant records are maintained by the Department of Housing at 1179 Main Street, Hartford, Connecticut.

(3) Program applicant records may be maintained in either automated or conventional files. However, all records shall be organized so as to promote facility of access.

(4) Program applicant records shall be maintained for the purpose of determining initial or continuing eligibility for or compliance with direct assistance programs established, conducted, funded or administered by the Department of Housing.

(5) The Deputy Commissioner of Operations is responsible for each direct assistance program established, conducted, funded or administered by the Department of Housing and the program applicant records are maintained by him. His business address is 1179 Main Street, Hartford, Connecticut 06103-1089.

(6) Routine personal information in the program applicant records for a particular program may be provided by the program applicant, his employer, the Internal Revenue Service, credit reporting agencies, the Department of Income Maintenance, or other governmental agencies.

(7) Program applicant personal data shall be collected and maintained pursuant to the specific section of the General Statutes creating the program.

(d) Developer Records

(1) Developer records are any data maintained for the purpose of determining initial or continuing eligibility of a developer for participation in any plan or program of construction, rehabilitation, ownership, or operation of housing, except for situations involving program applicants as defined by these regulations.

(2) Developer records are maintained by the Department of Housing at 1179 Main Street, Hartford, Connecticut.

(3) Developer records are maintained in either automated or conventional files. However all records shall be organized so as to promote facility of access.

(4) Developer records shall be maintained for the purpose of determining a developer's initial or continuing eligibility for, or compliance with, any program approved by the Commissioner.

(5) The Deputy Commissioner of Operations is in charge of a program with developer participation and shall be responsible for the developer records maintained by him. His business address is 1179 Main Street, Hartford, Connecticut, 06103-1089.

(6) Routine personal information in the developer records for a particular program may be provided by the developer, the Internal Revenue Service, credit reporting agencies or other governmental agencies.
(7) Developer personal data shall be collected and maintained pursuant to the specific section of the General Statutes creating the program.

Effective December 5, 1989                                 Return to top

Sec. 8-37r-3. Categories of personal data

(a) Personnel Records

(1) The following categories of personal data may be maintained in personnel records:

(A) educational records;

(B) employment or business history;

(C) other references

(D) name, address and phone number of a person to notify in the event of an emergency.

(2) The following categories of other data may be maintained in personnel records:

(A) address(es);

(B) former name(s);

(3) Personnel records are maintained on past and current employees of the Department and on applicants for employment with the Department.

(b) Payroll and Retirement System Participant Records

(1) The following categories of personal data may be maintained in payroll and retirement system participant records:

(A) educational records;

(B) employment records;

(C) salary records;

(D) contributions records;

(E) income tax withholding information;

(F) bank account identification;

(G) marital status;

(2) The following categories of other data may be maintained in payroll and retirement system participant records:

(A) address(es);

(B) retirement system membership number;

(3) Payroll and retirement system participant records are maintained on current and former Department employees.

(c) Program Applicant Records

(1) The following categories of personal data may be maintained in program applicant records:

(A) educational records;

(B) employment or business history;

(C) federal income tax returns;

(D) credit information;

(E) bankruptcy information;

(F) other income and financial records;

(G) marital status;

(H) other references.

(2) The following categories of other data may be maintained in program applicant records:

(A) address(es);

(B) family size;

(C) social or ethnic background.

(3) Program applicant records are maintained on any person or family who has applied to, or who is participating in any direct assistance program administered by the Department.

(d) Developer Records

(1) The following categories of personal data may be maintained in developer records:

(A) employment or business history;

(B) financial statements and tax returns;

(C) credit reports;

(D) miscellaneous financial information, i.e. financial resources, bank accounts, liabilities, etc;

(E) social security or federal identification numbers.

(2) The following categories of other data may be maintained in developer records:

(A) names;

(B) addresses;

Effective December 5, 1989                                
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Sec. 8-37r-4. Maintenance of personal data

(a) Personal data will not be maintained unless relevant and necessary to accomplish the lawful purposes of the Department. Where the Department finds irrelevant or unnecessary public records in its possession, the Department shall dispose of the records in accordance with its records retention schedule, or, if the records are not disposable under the records retention schedule, request permission from the Public Records Administrator to dispose of the records under Connecticut General Statutes Section 11-8a.

(b) The Department shall collect and maintain all records completely and accurately.

(c) Insofar as it is consistent with the needs and mission of the Department, and where it is practical, personal data shall be collected directly from the person to whom the record pertains.

(d) Department employees involved in the operations of the Department's personal data systems shall be informed of the provisions of (i) the Personal Data Act, (ii) the Department's regulations adopted pursuant to § 4-196, (iii) the Freedom of Information Act and (iv) any other state or federal statute or regulations concerning maintenance or disclosure or personal data kept by the Department.

(e) All employees of the Department shall take reasonable precautions to protect personal data in their custody from the danger of fire, theft, flood, natural disaster, and other physical threats.

(f) The Department shall incorporate by reference the provisions of the Personal Data Act and regulations promulgated thereunder in all contracts, agreements, or licenses for the operation of a personal data system, or for research, evaluation, and reporting of personal data for the Department or on its behalf.

(g) The Department shall have an independent obligation to ensure that personal data requested from any other state agency is properly maintained.

(h) Only employees of the Department with a specific need to review personal data records for lawful purposes of the Department shall be permitted to do so.

(i) The Department of Housing shall keep a written up-to-date list of all individuals entitled to access to each of the Department's personal data systems.

(j) The Department shall ensure against Unnecessary duplication of personal data records. In the event it is necessary to send personal data records through interdepartmental mail, such records shall be sent in envelopes or boxes sealed and marked "confidential."

(k) The Department shall ensure that all records in conventional files are kept under lock and key and, to the greatest extent possible, are kept in controlled access areas.

(l) To the extent practical, automated equipment and records shall be located in a limited access area.

(m) To the extent practical, the Department shall permit visitors or nonoperations personnel to enter the limited access area only for a necessary, specific, and authorized purpose. Any person entering this area must sign a visitor's log.

(n) To the extent practical, the Department shall ensure that regular access to automated equipment is limited to operations personnel.

(o) The Department shall implement appropriate access control measures to prevent disclosure of personal data on automated systems to unauthorized individuals.

Effective December 5, 1989                                
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Sec. 8-37r-5. Permitted use of personal data

(a) Personnel Records

(1) Employees of the Department who are assigned personnel and payroll responsibilities use the personal data contained in the Department's personnel records in processing promotions, re-classifications, transfers to other agencies, retirement, and other personnel actions. Supervisors use the personal data when promotions, career counseling, or disciplinary actions for such employees are contemplated, and for other employment-related purposes.

(2) The Department retains personnel records according to schedules published by the Public Records Administrator, Connecticut State Library.

(b) Retirement System Participant Records

(1) All employees of the Department use retirement system participant records for the purpose of making an accurate determination of the retirement benefit to which such participants may be eligible, or the amount payable to such participant upon application for a refund of his retirement contributions.

(2) Retirement system participant records are used for the preparation of retirement applications and longevity payrolls.

(3) Retirement system participant records are retained in accordance with guidelines published by the Public Records Administrator, Connecticut State Library.

(c) Program Applicant and Developer Records

(1) Program applicant and developer records are used in the evaluation and qualifications and compliance monitoring of program applicants and developers in programs established, conducted, funded, or administered by the Department of Housing.

(2) The Department retains program applicant and developers records according to guidelines published by the Public Records Administrator, Connecticut State Library.

(d) When an individual is asked to supply personal data to the Department of Housing, the Department shall disclose to that individual, upon request:

(1) The name of the Department and division within the Department requesting the personal data;

(2) The legal authority under which the Department is empowered to collect and maintain the personal data;

(3) The individual's rights pertaining to such records under the Personal Data Act, and Department regulations;

(4) The known consequences arising from supplying or refusing to supply the requested personal data;

(5) The proposed use to be made of the requested personal data.

Effective December 5, 1989                                       
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Sec. 8-37r-6. Disclosure of personal data

(a) Within four business days of receipt of a written request the Department shall mail or deliver to the requesting individual a written response in plain language, informing him/her as to whether or not the Department maintains personal data on that individual, the category and location of the personal data maintained on that individual and procedures available to review the records.

(b) Except where nondisclosure is required or specifically permitted by law, the Department shall disclose to any person upon written request all personal data concerning that individual which is maintained by the Department. The Department's procedures for disclosure shall be in accordance with Sections 1-15 through 1-21k of the General Statutes. If the personal data is maintained in coded form, the Department shall transcribe the data into a commonly understandable form before disclosure.

(c) The Department is responsible for verifying the identity of any person requesting access to his/her own personal data.

(d) The Department is responsible for ensuring that disclosure made pursuant to the Personal Data Act is conducted so as not to disclose any personal data concerning persons other than the person requesting the information.

(e) The Department may refuse to disclose to a person medical, psychiatric or psychological data on that person if the Department determines that such disclosure would be detrimental to that person.

(f) In any case where the Department refuses disclosure, it shall advise that person of his/her right to seek judicial relief pursuant to the Personal Data Act.

(g) If the Department refuses to disclose medical, psychiatric or psychological data to a person based on its determination that disclosure would be detrimental to that person and nondisclosure is not mandated by law, the Department shall, at the written request of such person, permit a qualified medical doctor to review the personal data contained in the person's record to determine if the personal data should be disclosed. If disclosure is recommended by the person's medical doctor, the Department shall disclose the personal data to such person; if nondisclosure is recommended by such person's medical doctor, the Department shall not disclose the personal data and shall inform such person of the judicial relief provided under the Personal Data Act.

(h) The Department shall maintain a complete log of each person, individual, agency or organization who has obtained access or to whom disclosure has been made of personal data under the Personal Data Act, together with the reason of each such disclosure or access. This log must be maintained for not less than five years from the date of such disclosure or access or for the life of the personal data record, whichever is longer.

Effective December 5, 1989                                       
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Sec. 8-37r-7. Contesting or amending personal data

(a) Any person who believes that the Department is maintaining inaccurate, incomplete or irrelevant personal data concerning him/her may file a written request with the official responsible for maintaining the records for correction of said personal data.

(b) Within 30 days of receipt of such request, the responsible official shall give written notice to that person that the Department will make the requested correction, or if the correction is not to be made as submitted, the official shall state the reason for denial of such. request and notify the person of his/her right to add his/her own statement to his/her personal data records.

(c) Following such denial by the official responsible for maintainig the records, the person requesting such correction shall be permitted to add a statement to his or her personal data record setting forth what that person believes to be an accurate, complete and relevant version of the personal data in question. Such statements shall become a permanent part of the Department's personal data system and shall be disclosed to any individual, agency or organization to which the disputed personal data is disclosed.

Effective December 5, 1989                                   
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Sec. 8-37r-8. Disclosure under the freedom of information act

(a) Any person may obtain personal data from personal data systems of the Department of Housing except when prohibited by law.

(b) Disclosure of personal data from personal data systems of the Department shall be governed by Chapter 3 of the Connecticut General Statutes.

Effective December 5, 1989                                  
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Sec. 8-37r-9. Standard forms

(a) The Department may provide standard forms for any written inquiry or response required under these regulations.

(b) If the Department provides standard forms for any written inquiry or response required under these regulations, they shall be written in plain language and be approved by the Commissioner.

Effective December 5, 1989                                
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Sec. 8-37y-1. Definitions

The following Definitions apply to Section 8-37y-1 through 8-37y-13 of the Regulations of Connecticut State Agencies.

(1) "Commissioner" means the Commissioner of Housing.

(2) "Department" means the Connecticut Department of Housing.

(3) "Eligible developer" or "developer" means:

(A) a housing authority established in accordance with the requirements of section 8-40 of the Connecticut General Statutes; or

(B) a nonprofit corporation incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership or operation of housing and having articles of incorporation approved by the Commissioner; or

(C) a municipal developer, which means a municipality which has not declared by resolution a need for a housing authority pursuant to Section 8-40 of the Connecticut General Statutes, acting by and through its legislative body, except that in any town in which a town meeting or representative town meeting is the legislative body, "municipal developer" means the Board of Selectmen if such board is authorized to act as a municipal developer by the town meeting or representative town meeting; or

(D) a community housing development organization (CHDO) which means a nonprofit corporation as defined pursuant to the National Affordable Housing Act of 1990; or

(E) a community housing development corporation (CHDC) incorporated and organized pursuant to the requirements of Section 8-217 of the Connecticut General Statutes, having as one of its purposes the financing, acquisition, construction or rehabilitation of housing, and having articles of incorporation approved by the Commissioner.

(4) "Exchange" means the mutual transfer of interests in real property, simultaneously and each in consideration of the other.

(5) "Family" means a household consisting of one or more persons.

(6) "Federal property" means any property owned by the federal government that is made available to the Department, including but not limited to excess real property acquired by the federal government for highway construction.

(7) "Housing development" or "development" means any work or undertaking, which may include acquisition of property, to provide decent, safe and sanitary dwelling units for families of low and moderate income.

(8) "Low income family" means persons and families whose income does not exceed eighty percent (80%) of the area median income, adjusted for family size, as determined, from time to time, by the United States Department of Housing and Urban Development.

(9) "Land trust" means a property ownership arrangement whereby the developer, as trustee, holds legal and equitable title to surplus real property subject to an obligation to keep or use the property for the benefit of homeless persons, or persons or families of low and moderate income.

(10) "Moderate income family" means persons and families whose income does not exceed one hundred percent (100%) of the area median income, adjusted for family size, as determined, from time to time, by the United States Department of Housing and Urban Development. However, homeownership income limits shall be determined in accordance with the Connecticut Housing Finance Authority's guidelines.

(11) "Municipal approval" means approval by the governing body of the municipality where the property is located.

(12) "Property" or "Real property" means any real property as defined in Section 8-39 (n) of the Connecticut General Statutes, which is under the custody and control of the Department of Housing, pursuant to the requirements of Section 4b-21 and Section 8-37y of the Connecticut General Statutes or which is exchanged for property under the custody and control of the Department of Housing.

Effective November 26, 1993.                                 
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Sec. 8-37y-2. Program description

The program purpose is to permit a developer to acquire state or federal surplus property suitable for development and preservation of emergency shelters and transitional living facilities for homeless persons, and housing for low and moderate income persons and families which shall remain permanently affordable.

Effective November 26, 1993                                
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Sec. 8-37y-3. Program requirements

(a) Upon the transfer of state surplus property pursuant to Section 4b-21 of the General Statutes, the Commissioner, with the approval of the Commissioner of Public Works, the Secretary of the Office of Policy and Management, and the State Properties Review Board may sell or lease such property to an eligible developer, exchange the property for a suitable piece of property, or enter into an agreement regarding such property with an eligible developer.

(b) The Commissioner, with the approval of the Commissioner of Public Works, the Secretary of the Office of Policy and Management and the State Properties Review Board may also enter into a contract to purchase, lease, or hold any surplus real property made available by the federal government if the Commissioner determines that such property can be utilized for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income. Upon such transfer, the Commissioner may sell or lease such property, exchange the property for a suitable piece of property, or enter into an agreement regarding such property with an eligible developer.

(c) The Commissioner shall require, as a condition of any sale, exchange, lease or agreement entered into, regarding federal surplus property that such real property be used only for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income.

(d) Prior to any sale, exchange, lease or agreement, the Commissioner shall notify the chief executive officer or officers of the municipality or municipalities in which such property is located. No property may be sold, exchanged or leased by the Commissioner without approval of the municipality or municipalities in which the property is located.

(e) Any use of the property shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the real property is located.

(f) Developers shall ensure that any and all property, and interests therein, acquired under this program, shall be permanently made affordable to low and moderate income persons or families. Developers may use deed restrictions, restrictive covenants, or place the property in a land trust to achieve the long term affordability goal.

(g) Any subsequent transfer of the property, including any improvements thereon, by the developer, shall meet the following criteria:

(1) subsequent developers shall be subject to the same restrictions as the initial developer and shall be subject to the laws and regulations governing the Surplus Property Program; and

(2) the sales price and conditions of sale shall be approved by the Commissioner.

(h) Prior to the transfer of the property by the Commissioner, the developer shall provide a commitment for project financing necessary to develop housing from a government or private financial institution;

(i) If the development is not completed within the planning and development timetable approved by the Commissioner, the property shall revert to the Department unless an extension is granted by the Commissioner in writing based upon conditions beyond the developer's control;

(j) At initial occupancy and upon subsequent transfers, an affidavit shall be filed with the Commissioner to verify that the persons and families occupying the property meet the low and moderate income limit requirement.

(k) All development projects shall be competitively bid, unless the governmental financing program being utilized does not establish such a requirement.

(l) To be eligible for this program, a nonprofit corporation:

(1) shall maintain accountability to community residents by providing a formal process for program beneficiaries and the community to advise the organization in its decisions regarding the design, siting, development and management of affordable housing;

(2) shall neither be controlled by, nor be under the direction of, individuals or entities seeking to derive profit or gain from the organization. A nonprofit organization may be sponsored in part by a for-profit entity, but the for-profit entity may not have the right to appoint more than one-third of the membership of the organization's governing body, and the organization shall be free to contract for goods and services from vendors of its own choosing;

(3) shall have a history of serving the state's low or moderate income community; and

(4) shall be able to demonstrate a successfully completed housing development, and demonstrate administrative capacity, including experienced personnel.

(m) Developers shall be required to comply with all rules and orders that may be promulgated, from time to time, by the Commissioner and consistent with the Connecticut General Statutes for the development and management of projects.

(n) The Commissioner may waive any nonstatutory requirements imposed by 8-37y-1 to 8-37y-13, inclusive, of these regulations. Requests for a waiver shall be in writing, addressed to the Commissioner. Such waiver may only be granted with sufficient evidence that:

(1) the literal enforcement of such provisions provide for exceptional difficulty or unusual hardship not caused by the recipient;

(2) the benefit to be gained by waiver of the provisions is clearly outweighed by the detriment which shall result from enforcement;

(3) the waiver is in harmony with conserving public health, safety and welfare; and
(4) the waiver is in the best interest of the state.

Effective November 26, 1993                                
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Sec. 8-37y-4. Eligible activities

(a) An eligible developer may enter into an agreement with the Department to lease or purchase real property for an emergency shelter or transitional living facility for homeless persons, or for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income.

(b) Any person, entity or eligible developer may enter into an agreement with the Department to exchange, for surplus property, real property which can be utilized for an emergency shelter, transitional living facility for homeless persons or for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income.

(c) Upon transfer of the property, an eligible developer may undertake construction, rehabilitation or renovation of housing to be used for homeless persons or persons and families of low and moderate income.

(d) Types of housing that may be developed include but are not limited to emergency shelters, transitional living facilities, multi-family housing, single family housing and cooperatives.

(e) The eligible developer may:

(1) lease the real property to low and moderate income persons and families or other eligible developers or a housing partnership in which the general partner is an eligible developer;

(2) sell the real property to low and moderate income persons and families subject to deed restrictions approved by the Commissioner;

(3) retain the land in trust and lease or sell the building(s) or improvements to low and moderate income persons and families or other eligible developers or a housing partnership in which the general partner is an eligible developer.

Effective November 26, 1993                                
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Sec. 8-37y-5. Eligible developers

To be eligible for participation under this program:

(a) A housing authority shall, in addition to the requirements in subsection (d) below, submit a statement from the legal counsel of the housing authority that verifies that the housing authority is recognized and continues to be properly constituted by the municipality in accordance with Section 8-40 of the Connecticut General Statutes.

(b) A nonprofit corporation shall, in addition to the requirements in subsection (d) below:

(1) Submit documentation of tax exempt status, if applicable;

(2) Submit an endorsed certificate of incorporation, which includes the articles of incorporation that states housing as one of its purposes, certified by the Secretary of the State;

(3) Submit a certificate of good standing certified by the Secretary of the State; and

(4) Inform the Department, in writing, of the corporation's principal place of business.

(c) A Community Housing Development Corporation or Community Housing Development Organization shall, in addition to the requirements in subsection (d) below:

(1) Submit a statement, except for those corporations specially chartered by the general assembly and CHDO's, showing designation by the governing body of a municipality or by a joint resolution of the governing bodies of two or more municipalities to enter into contracts with the State as provided for in Section 8-218 of the Connecticut General Statutes;

(2) Submit documentation of tax exempt status, if applicable;

(3) Submit an endorsed certificate o incorporation, which includes the articles of incorporation, certified by the Secretary of the State;

(4) Submit a certificate of good standing certified by the Secretary of the State; and

(5) Inform the Department, in writing, of the corporation's principal place of business.

(d) All housing authorities, nonprofit corporations, community housing development corporations, or community housing development organizations, shall:

(1) Submit a list of any housing developments which they have developed, owned or managed;

(2) Submit a statement authorizing the Commissioner to apply for a credit report from any appropriate credit reporting agency coveting the developer in determining the financial capability of the developer;

(3) Submit names, addresses and telephone numbers of its current commissioners, officers and/or members of the board of directors and statutory agent for service; and

(4) Be in good standing with the Department.

(e) A municipal developer shall submit a notarized copy of its legislative body's resolution designating its governing body as a municipal developer, as well as items (d) (1), (3) and (4) above.

Effective November 26, 1993                                
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Sec. 8-37y-6. Exchange process

(a) Any person that enters into an agreement with the Department to exchange real property for surplus property, shall provide the following:

(1) His social security number;

(2) His principal place of business and the telephone number;

(3) Any additional information which the Commissioner determines is necessary.

(b) Any entity that enters into an agreement with the Department to exchange real property for state surplus property, shall provide the following:

(1) its principal place of business and the telephone number;

(2) Name, address and telephone number of principals;

(3) Proof of type of entity and certificate of good standing if a corporation;

(4) Any additional information which the Commissioner determines is necessary;

(5) Authorizing resolution, if applicable.

(c) In addition to the requirements above, a person or entity shall provide:

(1) Proof of clear title to the property;

(2) A-2 survey;

(3) Legal Description;

(4) Proof of all applicable local approvals;

(5) A certified check for the cost of an independent appraisal secured by the Department;

(6) A detailed description of:

(i) the reason for the exchange;

(ii) property to be exchanged and its estimated value;

(iii) proposed time frame for the exchange;

(iv) any other documentation required by the Commissioner.

(d) Evaluation for a proposed exchange shall be based on appraised value, number units, cost of development, completion of local approval process, and any other terms and conditions that the Commissioner may impose to insure that the exchange is in the State's best interest.

(e) An exchange shall include real property; however, the state may accept cash as part of the exchange agreement.

(f) An exchange is subject to the approval of the municipality, Commissioner of Public Works, Secretary of the Office of Policy and Management and the State Properties Review Board.

(g) Any statutory restrictions shall be released from the surplus property and be placed on the new property. Such restrictions shall run with the land and be binding on each subsequent owner of the property.

(h) The property received in the exchange shall be used for an emergency shelter, transitional living facility for homeless persons or for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income.

(i) The following conditions shall be met prior to finalizing an exchange:

(1) The municipality shall approve the conveyance of the property to be developed to the selected developer; and

(2) the owner of the property to be exchanged shall secure all required local zoning approvals necessary to develop the property in the manner approved by the Commissioner and the municipality.

Effective November 26, 1993                                
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Sec. 8-37y-7. Application process


(a) The Commissioner shall inform the municipality upon his acceptance of the surplus property.

(b) The Department shall discuss available options for the use and development of the property with the municipality.

(c) Upon mutual agreement between the Commissioner and the municipality, the Commissioner may issue a Request for Proposals from eligible developers for the use and development of the property, in accordance with such options. The Commissioner may waive the Request For Proposal process for properties which currently contain less than five (5) dwelling units and may convey such property to an eligible developer who has been approved by the Commissioner and the municipality or to an eligible low or moderate income person or family who shall occupy such property.

(d) If the municipality does not concur with the development options submitted to the municipality by the Department, the Commissioner may either bank the property for future consideration or transfer the property back to the applicable state agency.

(e) As part of the application process, the developer shall be required to furnish the following:

(1) A plan of development which describes the proposed use of the land, buildings and/or improvements, persons to be served, income mix and proposed rents and/or sales prices;

(2) Proposed site plan;

(3) Evidence that the land is properly zoned for the proposed use or a time frame for obtaining land use permits or variances;

(4) Identification of any governmental or private housing finance programs to be utilized for construction, rehabilitation or renovation of housing and evidence that the developer has an application for financial assistance under review;

(5) Financial information on the projected cost of development and management;

(6) Evidence of housing need and marketability;

(7) A description of the mechanism to be used by the developer which shall guarantee that the housing shall remain permanently affordable;

(8) An Affirmative Fair Housing Marketing Plan;

(9) Preliminary drawings and specifications;

(10) Insurance information; and

(11) A plan for the proposed use of any proceeds gained from the sale of any units constructed on the real property.

(f) If a developer intends to lease the property which it has acquired under this program or lease or sell the housing constructed on such property, it shall provide the following for approval:

(1) Identification of the proposed lessee, buyer, or marketing plan;

(2) Description of the lessee's or buyer's proposed use of the land or building(s);

(3) A copy of the proposed lease or contract for sale; and

(4) Any other documentation which the Commissioner determines is necessary to ensure that the property is being used for homeless persons or persons and families of low and moderate income.

(g) The Commissioner may, from time to time, request additional information from the developer.

(h) Once a developer receives preliminary approval of its application, the Commissioner shall:

(1) Inform the chief executive officer of the municipality of the selected developer;

(2) Provide the chief executive officer with a copy of the developer's application; and

(3) Request that the Chief Executive Officer secure the municipality's approval of the Department's conveyance of the site to the developer.

(A) If the municipality approves the conveyance of the property to the developer, the Commissioner shall initiate the state approval process, in accordance with the requirements of Section 8-37y of the Connecticut General Statutes and enter into a conditional sales agreement.

(B) If the municipality fails to approve the conveyance of the site to the developer, the Commissioner shall notify the developer in writing.

(C) If the municipality conditionally approves the conveyance, the Commissioner shall review the conditions and determine if they impact the proposal.

(i) If the Commissioner determines that the conditions imposed by the municipality shall impact the proposed housing, the Commissioner shall reconsider the proposal in light of the municipal conditions.

(ii) If the Commissioner determines that they do not significantly impact the proposed housing, he shall notify the developer, in writing, of his findings and request the developer's concurrence.

(iii) If the developer does not concur with the Commissioner's findings, it may withdraw its proposal without prejudice.

(iv) If the developer concurs with the Commissioner's findings, the developer shall amend the plans for the development of the proposed housing in accordance with such findings.

Effective November 26, 1993                                
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Sec. 8-37y-8. Evaluation

Applications shall be evaluated and therefore approved or disapproved by the Commissioner based on the following:

(1) Any priorities established in the State Comprehensive Housing Affordability Strategy, or any needs outlined in the Five Year Housing Advisory Plan adopted by the Department, if applicable;

(2) Any governing policies identified in the Department's Description/Rules of Operations;

(3) Local housing assistance plans or Local Comprehensive Housing Affordability Strategy, if in existence;

(4) Any other statistical data on housing need and marketability;

(5) Whether the proposed financing for the development of the property includes leveraging of other funds;

(6) Compliance with DOH design standards for rental housing or those design standards established by the governmental program providing the construction financing;

(7) Compliance with Connecticut Housing Finance Authority's design standards for non-rental housing or those design standards established by the governmental program providing the construction financing;

(8) The ability of the proposed development to fit within the existing community design;

(9) Cost effectiveness including administrative costs;

(10) The developer's timetable for completion of the development;

(11) The number of units as determined by the Commissioner;

(12) The methods used to ensure long term affordability and the duration of affordability;

(13) The developer's evidence of preliminary or firm commitments for development financing from acceptable financial institutions; and

(14) Compliance with Department affirmative action requirements.

Effective November 26, 1993                                
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Sec. 8-37y-9. Contract provisions

(a) Contracts shall include, but not be limited to the terms and conditions of the transfer, the rights and obligations of the parties under the contract(s), and any other special provisions agreed upon between the parties.

(b) The developer shall provide a deed restriction, restrictive covenant or land trust agreement, to run in favor of the state, in any legal documents to be filed on the land records to insure that the property remains permanently affordable and shall serve homeless persons or low and moderate income persons and families. This provision may be subordinated to a mortgage lender if the Commissioner determines that such subordination is in the State's best interest.

Effective November 26, 1993                                       
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Sec. 8-37y-10. Restrictions on the sale or use of the property

(a) In addition to whatever remedies exist in the contract, the developer shall, upon demand by the Commissioner, transfer title to the State or a receiver designated by the State for that property conveyed to it pursuant to Section 8-37y-6 of these regulations if the Commissioner determines that:

(1) reasonable progress in the development of the property as described in the developer's application, has not been made from the date of conveyance of the property;

(2) the property has been developed or used for purposes other than for housing to benefit homeless persons or persons and families of low and moderate income; or

(3) the developer has amended its bylaws and/or articles of incorporation so that it no longer conforms with that originally submitted and approved by the Commissioner; or

(4) the developer has failed to maintained proper insurance or has otherwise failed to protect the state's interest.

(b) Restrictive covenants, as stated in Section 8-37y-9, shall be included in all deeds for property which the Department conveys to the developer. Developers shall have the responsibility for enforcement of all restrictions.

(c) In the event of a subsequent sale, the developer shall have the first option to purchase the property.

(d) If a developer dissolves its organization, the developer shall convey its interest in the property to the Department or the Department's designated receiver.

Effective November 26, 1993                                
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Sec. 8-37y-11. Income limits

(a) Homeownership income limits shall not exceed those established and determined from time to time under the Connecticut Housing Finance Authority's Home Mortgage Program.

(b) For all others, income limits shall not exceed one hundred percent (100%) of the area median income as determined from time to time by the United States Department of Housing and Urban Development.

(c) Notwithstanding subsections (a) and (b) above, where a federal and/or state program is being utilized for construction, rehabilitation or renovation, income limits shall be determined according to that program.

Effective November 26, 1993                                
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Sec. 8-37y-12. Reporting and access to records

(a) The developer shall maintain complete and accurate records, in accordance with the latest procedures approved by the Commissioner.

(b) The developer shall furnish the Commissioner with financial statements and other reports relating to the development and operation of the project as well as information regarding the families being served, in such detail, and at such times, as the Commissioner may require.

(c) The developer shall, annually, provide income and racial data on all households entering a housing development which results from the use of surplus real property. Such data shall cover the period through September thirtieth and shall be provided on all households entering a housing development and those occupying the development during the year.

Effective November 26, 1993                                
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Sec. 8-37y-13. Fiscal compliance and examination

A developer receiving property under this program shall be subject to examination of all books and records related to the project. Examinations shall be performed by independent public accountants registered to practice in the State of Connecticut, or by qualified department personnel. All examinations shall be performed in accordance with procedures established by the Department.

Effective November 26, 1993                                
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Sec. 8-45-1. Definitions

For the purposes of sections 8-45-2 to 8-45-7, inclusive, the following definitions shall apply:

(1) "Authority" means a housing authority under chapter 128 of the general statutes.

(2) "Project" means a state-aided rental housing project.

(3) "Family" means (a) a cohesive social unit consisting of two or more persons usually related by blood or marriage who have lived together in the past and who may customarily be expected to live together for a sustained future period and whose incomes may be expected to be shared for purposes of meeting the expenses of maintaining the household; (b) a single male sixty years of age or over; (c) a single female fifty-five years of age or over, or (d) the remaining member of a tenant family.

(4) "Dependent" means a member of a family, except a wife living with her husband, whom one or more of the remaining members are legally or morally obligated to support and over one-half of whose support is being furnished by such remaining members.

(5) "Family income" means the aggregate annual income of all members of a family from whatever source derived before taxes or other deductions excluding ***:

(a) Seventy-five per cent of the total annual income of each working member of the family, other than the principal wage earner and spouse, who have not reached his or her twenty-first birthday anniversary at the beginning of the calendar year under consideration;

(b) Total annual income of each working member of the family, other than the principal wage earner and spouse, enrolled in, and regularly attending as a full-time day, evening or night student, for a period of at least four months during the calendar year under consideration, any duly accredited, public or private university, college, school or institution of learning, training or education:

(c) Total annual income of each working member of the family, other than the principal wage earner, but including the spouse, who, during the calendar year under consideration, has expended for the benefit and care of any member of the "Family" as defined in these regulations more than thirty per cent of said total annual income for medical expenses, including hospital and convalescent home costs, doctors, dentists and nurses' bills and amounts paid for medicine and drugs;

(d) Aggregate annual income of all working members of the family, other than the principal wage earner, up to a maximum of fifteen hundred dollars, subject to the following conditions: (1) This exclusion shall be effective and operative only in respect to those aggregate annual incomes of family members which are not included in any other of the exclusions provided for under this subdivision; and (2) this exclusion shall be considered and construed to be established and provided in the place of and in lieu of all aggregate annual family income allowances of a similar nature up to the same dollar amount as heretofore approved by the state for a local housing authority; however, all dollar allowances in excess of that provided for herein for the same purpose shall be considered and construed to be in addition to and not in lieu of the fifteen hundred dollar limitation set forth in this exclusion.

Effective May 7, 1968                                
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Sec. 8-45-2. Determination of income limit

The income limit for admission of a family to a dwelling unit in any project of an authority shall be a specified dollar amount of family income plus a specified dollar allowance for each dependent as determined by the authority with the approval of the public works commissioner. The income limit for continued occupancy by a family of any such dwelling unit shall be the income limit for admission plus a specified percentage thereof so determined.

 

Effective May 7, 1968                                             Return to top

 


Sec. 8-45-3. Income limits to confine projects to families unable to rent adequate accommodations

Each income limit aforesaid shall be fixed at a level which will make the dwelling units in the project or projects of an authority available only to families who are unable to rent adequate accommodations without state financial assistance as provided for by the moderate rental housing provisions of chapter 128 of the general statutes.

                                                    

Effective May 7, 1968                                           Return to top

Sec. 8-45-4. Income qualification for admission to project. Exception

(a) No family shall be admitted to a dwelling unit in any project of an authority or be permitted to continue to occupy any such dwelling unit whose family income exceeds, respectively, the income limit for admission to such dwelling unit or the income limit for continued occupancy thereof.

(b) Notwithstanding the provisions of subsection (a) of this section, an authority may, with the approval of the public works commissioner, admit families facing eviction from a low rental project of the authority because of overincome to any project of the authority in which there is an undue number of vacancies, provided each such family's income shall be within the income limit for continued occupancy thereof.

Effective May 7, 1968                                                    Return to top

 

Sec. 8-45-5. Information to be furnished commissioner


Each authority shall submit to the public works commissioner at such times and on such forms as shall be prescribed by the commissioner the following information:

(1) The latest average wage as computed by the state labor commissioner for the municipality served by the authority;

(2) the number of vacancies in each project owned and operated by it;

(3) the number of applications for admission to each of the authority's projects refused because of income disqualifications;

(4) a statement of its proposed income limits for admission to and continued occupancy of the dwelling units in its project or projects, and

(5) such additional information and such confirming documents as the public works commissioner shall prescribe.
 
Effective May 7, 1968                                                     Return to top
 

Sec. 8-45-6. Effective date of income limit

Each income limit proposed by an authority in accordance with section 8-45-5 shall become effective upon its approval by the public works commissioner and thereafter shall continue to remain in effect until superseded by a new income limit proposed by the authority in accordance with said section 8-45-5 and approved by the public works commissioner.

 

Effective May 7, 1968                                                    Return to top

 

Sec. 8-45-7. Action under prior proposals to be effective

Each income limit fixed by an authority prior to or after October 22, 1957, with the approval of the public works commissioner pursuant to any proposal made prior to said date by such authority shall be effective in all respects as though proposed by the authority pursuant to section 8-45-5.

 

Effective May 7, 1968                                                 Return to top

 

Sec. 8-45-8. Applicability

Pursuant to Section 8-45, of the Connecticut General Statutes, these criteria and procedures apply. to each housing authority in the State of Connecticut, or to the Commission of Housing acting as a housing authority, or any agent, servant or independent contractor acting on behalf of a housing authority or the Commissioner of Housing in the role of a housing authority.

Effective January 22, 1986                                
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Sec. 8-45-9. Definitions

(a) "Commissioner" means the Commissioner of Housing.

(b) "Department" means the Connecticut Department of Housing.

(c) "HUD" means the United States Department of Housing and Urban Development.

(d) "The Participating Municipality" means a municipality in which a Housing Project is located, or in which the project is within the area of Operation of its local housing authority area.

(e) "A public record" means, inter alia, any recorded data or information relating to the conduct of the public business prepared, owned, used or retained by the housing authority.

(f) "Authority" or "Housing Authority" means any of the public corporation created by Section 8-40 and the Commissioner of Housing, when exercising the powers of a housing authority pursuant to chapter 129.

Effective January 22, 1986                                
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Sec. 8-45-10. Requirements

Each housing authority shall provide a receipt to each applicant for admission to its projects stating the time and date of application together with the applicant's name or identifying number, and shall create, maintain and revise a list of such applications as herein after provided.

Effective January 22, 1986                                
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Sec. 8-45-11. How lists are created

Each housing authority shall create a list of housing applicants by combining or merging relevant information from each and every applicant on file substantially as follows:

The list could be created by giving the applicants a number and subdividing the list in accordance with the number of bedrooms needed by the applicant.

Effective January 22, 1986                                
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Sec. 8-45-12. Maintenance of lists

Each such authority shall keep and maintain all public lists including revisions of such lists in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, such list or lists shall be kept in the office of the clerk of the political subdivision in which such authority is located or of the Secretary of the State, as the case may be. Said list or lists and revisions thereto, shall be available in the office for the Commissioner of Housing upon request.

Effective January 22, 1986                                
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Sec. 8-45-13. Revision of lists

Each such authority shall revise each such list or lists from time to time, and not less than once each year.  Revision means an act of revising.  Revise means to review or look over the list again for the purpose of amending, deleting, or correcting to produce inter alia, a timely, relevant and up-to-date revision.

Effective January 22, 1986                                
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Sec. 8-45-14. Interpretation

Within its area of operation, each such Authority shall use its list or lists of applications to fill vacant housing dwelling units.

Effective January 22, 1986                                
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Sec. 8-45-15. Access to waiting lists

(a) A waiting list shall be a public record as defined by Section 1-18a, C.G.S. Every person shall have a right to inspect such lists promptly during regular office or business hours, or to receive a copy of such lists in accordance with the provisions of the state's Freedom of Information Act, Connecticut General Statutes, Section 1-19 et seq.

(b) Any person denied the right to inspect or copy waiting lists, may appeal therefrom, within thirty days, to the Freedom of Information Commission, by filing a notice of appeal with said commission in accordance with Connecticut General Statutes Section 1-21i (b).

Effective January 22, 1986                                
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Sec. 8-68d-1. Definitions                                 

The following definitions apply to Sections 8-68d-1 through 8-68d-3 of the regulations of Connecticut State Agencies:

(a) "Commissioner" means the Commissioner of Housing.

(b) "Department" means the Connecticut Department of Housing.

(c) "Housing Authority" means any of the public corporations established in accordance with Section 8-40 of the Connecticut General Statutes and the Connecticut Housing Authority when exercising the rights, powers, duties or privileges of, or subject to the immunities or limitations of housing authorities pursuant to Section 8-121 of the Connecticut General Statutes.

(d) "Housing Project" or "Development" means any work or undertaking to provide decent, safe and sanitary dwelling units for families of low and moderate income, which may include the planning of buildings and improvements, the acquisition of property, site preparation, the demolition of existing structures, new construction, or the rehabilitation of existing buildings.

(e) "Municipality" means any city, borough or town.

Effective March 28, 1989                                
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Sec. 8-68d-2. Program description


(a) Each housing authority shall submit a report in accordance with Section 8-68d-3 below to the Commissioner and the Chief Executive Officer of the municipality in which the housing authority is located not later than March 1, annually.

(b) The time period that the report shall encompass will be the calendar year from January i to December 31.

(c) Each housing authority shall be required to comply with all rules and orders promulgated from time to time by the Commissioner relative to this program and consistent with the Connecticut General Statutes.

Effective March 28, 1989                                
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Sec. 8-68d-3. Submission of annual housing stock report

Each report shall be substantially in the form prescribed by the Commissioner and shall contain the following:

(1) An inventory of all existing housing owned or operated by the authority, including the total number, types and sizes of rental units and the total number of occupancies and vacancies in each housing project or development, the income group served in each housing project or development, and a description of the condition of such housing;

(2) A description of any new construction projects being undertaken by the authority and the status of such projects, including the total number, types and sizes of units and the income group to be served in each project; and

(3) The number and types of any rental housing sold, leased or transferred by the housing authority during the period of the report which is no longer available for the purpose of low or moderate income rental housing, and an explanation of the purpose of such sale, lease or transfer.

Effective March 28, 1989                                
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Sec. 8-68g-1. Developer's fees

(a) Developer's fees may be earned by developers who have successfully completed the development process which creates housing for low and moderate income families. The Commissioner is authorized to grant a developer's fee to an eligible developer, in connection with the construction, renovation or rehabilitation of low and moderate income housing, under any of the following programs: Moderate Rental (8-79a), Affordable Housing (8-119jj), Housing for the Homeless (8-358), Community Housing Development Corporation (8-218c), Limited Equity Cooperative/Mutual Housing Association (8-214h), Elderly Housing (8-116a), Congregate Housing for the Elderly (8-119g) Programs, from which the developer has applied for state financial assistance.

(b) The Commissioner may, for good cause shown, if he deems it in the best interest of the state, waive any non-statutory requirement imposed by regulations.

(c) Developers shall be required to comply with all rules and orders promulgated from time to time by the Commissioner and consistent with the Connecticut General Statutes, the respective program regulations.

Effective December 27, 1990                                
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Sec. 8-72-1. Applicability

Pursuant to Section 8-72 of the Connecticut General Statutes, these criteria and procedures apply to each housing authority and eligible developer in the State of Connecticut, or to the Commissioner of Housing acting as a housing authority, or any agent, servant or independent contractor acting on behalf of a housing authority or the Commissioner of Housing in the role of a housing authority.

Effective January 22, 1986                                       
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Sec. 8-72-2. Definitions

(A) Incorporation of Definitions: The provision of Section 8-45-9 (a) (b) (c) (d) (e) and (f), inclusive except as otherwise provided, shall govern the implementation of the Moderate Rental waiting lists.

(B) Eligible developers shall be:

(1) a nonprofit corporation incorporated pursuant to Chapter 600, having as one of its purposes the construction, rehabilitation, ownership or operation of housing, and having articles of incorporation approved by the Commissioner in accordance with regulations adopted pursuant to Section 8-79a or 8-84: (2) any business corporation incorporated pursuant to Chapter 599: (3) any partnership, limited partnership, joint venture, trust or association: (4) a housing authority or (5) persons approved by the Commissioner.

Effective January 22, 1986                                       
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Sec. 8-72-3. Implementation

The provisions of Sections 8-45-10, through 8-45-15, inclusive except as otherwise provided, shall govern the implementation of Moderate Rental Waiting lists.

Effective January 22, 1986                                       
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Sec. 8-79a-1. Definitions

(a) "Commissioner" means the Commissioner of Housing.

(b) "Department" means the Connecticut Department of Housing.

(c) "Eligible developer or developer" means

(1) A non-profit corporation incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership, or operation of housing, and having articles of incorporation approved by the commissioner in accordance with section 8-79a-3;

(2) Any business corporation incorporated pursuant to chapter 599 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership, or operation of housing, and having articles of incorporation approved by the commissioner in accordance with section 8-79a-3;

(3) Any partnership, limited partnership, joint venture, trust or association having basic documents of organization approved by the commissioner in accordance with section 8-79a-3, and having as one of its purposes the construction, rehabilitation, ownership, or operation of housing;

(4) A housing authority;

(5) A family or person approved by the commissioner as qualified to own, construct, rehabilitate, manage, and maintain housing under a mortgage loan made or insured under an agreement entered into pursuant to the provisions of Chapter 128 of the Connecticut General Statutes and these regulations.

(d) "Family" means a household consisting of one or more persons, (section 8-39 (t) Connecticut General Statutes).

(e) "Housing authority" means a public body corporate and politic created in accordance with section 8-40 of the Connecticut General Statutes and the commissioner of housing, when exercising the powers of a housing authority pursuant to chapter 129, of the Connecticut General Statutes.

(f) "Housing project" means:

(1) To demolish, clear or remove buildings for any slum area, which work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community purposes or

(2) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for families of low or moderate income, which work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, recreational, commercial or welfare purposes and may include the acquisition and rehabilitation of existing dwellmg units or structures to be used for moderate or low rental units, or

(3) To accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the reconstruction, rehabilitation, alteration, or major repair of existing buildings or improvements.

(g) "HUD" means the United States Department of Housing and Urban Development.

(h) "Interim loan" means a loan from the commissioner which provides a developer with the funds necessary to develop and construct, acquire or rehabilitate a moderate rental housing project and which is due and payable following cost certification of the project.

(i) "Low and moderate income family" means any family as defined in these regulations which meets the income limits established in accordance with these regulations, and consistent with sections 8-39 (e) and (f) of the Connecticut General Statutes.

(j) "Moderate rental" means a rental which, as determined by an eligible developer with the concurrence of the commissioner of housing, is below the level at which private enterprise is currently building a needed volume of safe and sanitary dwellings for rental in the locality involved; and "moderate rental housing project" means a housing project, receiving state aid in the form of loans, or grants, for families unable to pay more than moderate rental. Such project may include the reconstruction, rehabilitation, alteration, or major repair of existing buildings or improvements.

(k) "Mortgage" means a mortgage deed, deed of trust, or other instrument which shall constitute a lien, whether first or second, on real estate or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, which does not expire for at least that number of years beyond the maturity date of the obligation secured by such mortgage as is equal to the number of years remaining until the maturity date of such obligation.

(l) "Permanent loan" means a loan from the commissioner for a term not to exceed 50 years, in an amount which does not exceed the certified development cost of a moderate rental housing project and at an interest rate determined from time to time by the state bond commission.

(m) "Adjusted net family income" means the amount of income remaining after all allowable deductions and the 10% income adjustment are subtracted from the gross income.

(n) "Gross income" means the total entire income of all family members from all sources whatsoever before any deductions.

(o) A "Dependent" means a person who resides with the family and derives more than half of his or her total support for the calendar year from the tenant.

Effective April 21, 1986                                
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Sec. 8-79a-2. Program description

The state is authorized to extend financial assistance to a housing authority or combination of housing authorities for the development and construction or rehabilitation of moderate rental project through the provision of interim or permanent loans, through a state guarantee of notes issued by a housing authority or a combination of both methods.

The state is also authorized to extend financial assistance to other eligible developers in the form of interim or permanent mortgage loans to assist in the development and construction or rehabilitation of moderate rental housing projects. An eligible developer may receive financial assistance from the state to cover the entire cost of developing a moderate rental housing project, including, but not limited to, the cost of options on cites, site acquisition and preparation, architect's fees, engineering costs, building construction or rehabilitation, and other related costs.

Effective April 21, 1986                                    
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Sec. 8-79a-3. Eligibility conditions

(a) Housing authority

(1) The governing body of the municipality must find and declare that there is a need for a housing authority in the municipality in accordance with section 8-40 of the Connecticut General Statutes and establish such authority;

(2) The housing authority must execute a cooperation agreement with the governing body of the municipality to implement section 8-71 of the Connecticut General Statutes;

(3) The housing authority must conduct a public hearing concerning the site for housing for moderate income families in accordance with section 8-74 of the Connecticut General Statutes;

(4) The commissioner may enter into a contract with a housing authority for financial assistance for a moderate rental housing project or projects in accordance with section 8-70 of the Connecticut General Statutes.

(b) Stock corporations: Stock corporation shall be eligible for moderate rental funds if;

(1) One or more incorporators executes and files in the manner provided in section 33-285 of the Connecticut General Statutes, a certificate of incorporation, together with an appointment of a statutory agent for service as provided in section 33-296 of the Connecticut General Statutes;

(2) A copy of such endosed certificate of incorporation certified by the secretary of the state shall be forwarded to the department of housing;

(3) The certificate of incorporation shall meet the requirements of chapter 599, section 33-290 of the Connecticut General Statutes and state as one of its purposes the construction, rehabilitation, ownership or operation of housing;

(4) All stock corporations must file an annual report with the secretary of the state as required by chapter 599 section 33-298 of the Connecticut General Statutes;

(5) The department of housing must be informed in writing of the corporations principal place of business.

(c) Foreign stock corporations: All foreign stock corporations shall be eligible for moderate rental funds if;

(1) An application for a certificate of authority to transact business in the state of Connecticut has been executed in the manner provided in chapter 599 section 33-285 of the Connecticut General Statutes and delivered to the secretary of the state accompanied by an appointment of an attorney upon whom process may be served as provided in chapter 599, section 33-400 of the Connecticut General Statutes;

(2) A copy of such endorsed certificate of authority certified by the secretary of the state shall be forwarded to the department of housing;

(3) The certificate of authority shall meet the requirements of chapter 599 section 33-399 of the Connecticut General Statutes and state as one of its purposes, the construction, rehabilitation, ownership, or operation of housing;

(4) A foreign corporation authorized to transact business in the state of Connecticut shall have on file an annual report or any other similar reports required by law in the office of the secretary of the state as required by chapter 599, section 33-406 of the Connecticut General Statutes;

(5) The department of housing must be informed in writing of the corporation's principal place of business.

(d) Nonstock corporations: All nonstock corporations shall be eligible for moderate rental funds if

(1) One or more incorporators shall execute and file in the manner provided in chapter 600 section 33-422 of the Connecticut General Statutes, a certificate of incorporation, together with an appointment of a statutory agent for service as provided in chapter 600 section 33-433 of the Connecticut General Statutes;

(2) A copy of such endorsed certificate of incorporation certified by the secretary of the state shall be forwarded to the department of housing;

(3) The certificate of incorporation shall meet the requirements of chapter 600 of section 33-427 of the Connecticut General Statutes and state as one of its purposes the construction, rehabilitation, ownership, or operation, of housing;

(4) All nonstock corporations shall file a biennial report with the secretary of the state as required by chapter 600 section 33-435 of the Connecticut General Statutes;

(5) The department of housing must be informed in writing of the corporation's principal place of business.

(e) Foreign nonstock corporations: All foreign nonstock corporations shall be eligible for moderate rental funds if

(1) An application for a certificate of authority to transact business in the State of Connecticut has been executed as provided in chapter 600 section 33-422 of the Connecticut General Statutes, and delivered to the secretary of the state accompanied by an appointment of an attorney upon whom process may be served as provided in chapter 600 section 33-509 of the Connecticut General Statutes;

(2) A copy of such endorsed certificate of authority certified by the secretary of the state shall be forwarded to the department of housing;

(3) The certificate of authority shall meet the requirements of chapter 600 section 33-508 of the Connecticut General Statutes and state as one of its purposes the construction, rehabilitation, ownership or operation of housing;

(4) All foreign nonstock corporations shall file a biennial report with the secretary of the state as required by chapter 600 section 33-514 of the Connecticut General Statutes;

(5) The department of housing must be informed in writing of the corporation's principal place of business.

(f) Partnerships, limited partnerships, joint ventures, trusts or associations: All partnerships, limited partnerships, joint ventures, or associations shall be eligible for moderate rental funds if:

(1) all partnerships, limited partnerships, joint ventures, trusts, or associations shall provide the commissioner with a certified copy of their basic documents of organization;

(2) All partnerships, limited partnerships, joint ventures, trusts, or associations must have the construction, rehabilitation, ownership, or operation of housing listed as one of the purposes to be promoted or carried out;

(3) The department of housing must be provided with an up-to-date listing of all individuals who will have any interest whatsoever in the organization along with the current addresses of these individuals.

All developers except housing authorities will be required to show their financial ability to undertake the development of proposed project through the provision of financial statements showing the net worth of the developer and its members, principal stock holders or general partners, a resume of a previous participation and any other financial documents which the commissioner may require. The commissioner may also require a credit report from any appropriate credit reporting agency for his consideration in determining the financial capability of developers.

Effective April 21, 1986                                    
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Sec. 8-79a-4. Loan allocation

The commissioner will establish and from time to time allocate loans or mortgage loans to be provided under section 8-70, of the Connecticut General Statutes, and these regulations. The allocations will be based on

(a) The availability of the rental subsidies from HUD in the various geographical areas of the state which may be applied to a moderate rental housing project;

(b) Any need resulting from a "disaster" as defined in chapter 517 section 28-1 (b) of the Connecticut General Statutes;

(c) Any needs as outlined in the three year advisory housing plan as prepared pursuant to section 8-37t of the Connecticut General Statutes, and,

(d) Any other statistical data on housing needs as available.

Effective April 21, 1986                                    
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Sec. 8-79a-5. Application and approval procedure (housing authorities)

The following application and approval steps shall apply to all moderate rental housing program projects to be developed by housing authorities:

(a) Invitation to submit a preliminary proposal;

(b) Submission of a preliminary proposal;

(c) Approval of a preliminary proposal by the commissioner;

(d) Submission of a formal application;

(e) A public hearing conducted by the housing authority pursuant to section 8-74 (1), of the Connecticut General Statutes;

(f) Approval of formal application, including preliminary architectural plans and drawings;

(g) Submission by housing authority of basic and final architectural plans and drawings and approval of same by the commissioner;

(h) State bond commission approval of allocation of funds.

(i) Issuance of a loan commitment letter to the housing authority;

(j) Authorization from the commissioner to put the proposed project out to bid; and

(k) Approval by the commissioner of the applicant's proposed methods of financing, the proposed rents, the income limits for admission and continued occupancy, and a detailed estimate of the expenses and revenues pursuant to Section 8-74 (3) of the Connecticut General Statutes.

Effective April 21, 1986                                    
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Sec. 8-79a-6. Application and approval procedures

(Other Developers) The following application and approval steps shall apply to all moderate rental housing program projects to be developed by developers other than housing authorities:

(a) Invitation to submit a preliminary proposal;

(b) Submission of a preliminary proposal;

(c) Approval of preliminary proposal by the commissioner;

(d) Submission of a formal application;

(e) A public hearing to be held by the commissioner in the municipality where the proposed project will be located pursuant to section 8-74 (1) Connecticut General Statutes;

(f) Site approval by the commissioner;

(g) Approval of formal application by the commissioner;

(h) State bond commission approval;

(i) Issuance of mortgage commitment letter to developers; and

(j) Approval of the proposed methods of financing, the proposed rents, the income limits for admission and continued occupancy and a detailed estimate of the expenses and revenues thereof by the commissioner pursuant to section 8-74 (3) of the Connecticut General Statutes.

Effective April 21, 1986                                    
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Sec. 8-79a-7. Preliminary proposal, contents and review

(a) A brief description of the type of project proposed,

(b) The proposed location of the project,

(c) Evidence that the proposed site is properly zoned or that proper zoning will be easily obtainable,

(d) If a commitment for funds from other sources has been received from HUD or any other evidence of that commitment,

(e) An estimate of the projected cost of the proposed project,

(f) A resume of the management experience of the applicant or a designated management agent, and,

(g) A resume of the applicant's past efforts in the housing field and his financial capability to undertake the proposed project.

The department's review will be based upon the need for housing in the community, the suitability of the proposed site or the availability of structures, and adequacy of the proposed rents, funds from other sources for the project, the apparent capability of the applicant to successfully complete and manage the housing, the quality of the preliminary proposal and its conformance with the allocation of loans made by the commissioner. An applicant whose preliminary proposal is rejected will be notified of the reasons for the rejection.

Effective April 21, 1986                                    
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Sec. 8-79a-8. Formal application contents

(a) Housing authority:

(1) A cooperation agreement between the housing authority and the municipality pursuant to section 8-71 of the Connecticut General Statutes,

(2) A resume including any previous participation in department programs,

(3) Documented evidence of any commitment for funds from other sources,

(4) An estimate of the cost of the project,

(5) Evidence that the proposed project is an agreement with the municipality's housing assistance plan (HAP) if one is in existence.

(6) Preliminary architectural plans and drawings,

(7) Architect's letter of intent,

(8) Evidence of planning and zoning commission approval,

(9) A rent schedule,

(10) Standards of tenant eligibility and continued occupancy, and

(11) Income limits pursuant to section 8-72a of the Connecticut General Statutes.

(b) Other developers:

(1) A copy of the latest financial statements of the applicant and its principal members,

(2) A statement authorizing the commissioner to apply for a credit report from any appropriate credit reporting agency covering the applicant and its principal members,

(3) Documented evidence of any commitment for rental subsidy funds from other sources.

(4) An estimate of the projected cost of the project,

(5) Evidence that the proposed project is in agreement with the municipality's housing assistance plan, if one is in existence,

(6) Preliminary architectural plans and drawings,

(7) A rent schedule,

(8) Standards of tenant eligibility and continued occupancy, and

(9) Income limits pursuant to section 8-72a, of the Connecticut General Statutes. The commissioner may, from time to time, request additional submissions to meet the special circumstances of a specific proposal.

Effective April 21, 1986                                    
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Sec. 8-79a-9. Commissioner review

The commissioner will review the application according to the previously stated criteria and will notify the applicant of his acceptance or rejection of the application within a reasonable period of time. If an application is rejected, the applicant will be notified of the reasons for the rejection.

Effective April 21, 1986                                    
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Sec. 8-79a-10. Mortgage and loan terms

The commissioner is authorized to make interim and permanent loans for the development and construction or rehabilitation of a moderate rental housing project to eligible developers. Any interim or permanent loan to a developer other than a housing authority must be secured by a mortgage on the moderate rental housing project on terms and conditions satisfactory to the commissioner. The commissioner will establish and provide the forms necessary for a housing authority or developer to requisition funds. The terms of the loans shall be as follows:

(a) Interim Loan: The interim loan shall be for the period from the closing of the interim loan to the closing of the permanent loan. The interim loan shall bear an interest rate which will be established by the state bond commission and shall in no event be more than the same rate as the interest cost to the state on the notes or bonds issued pursuant to section 8-80 c the Connecticut General Statutes. Payments will be made by the commissioner on the following basis:

(1) first payment at the time of the interim loan closing for all development costs approved by the commissioner which are incurred prior to the interim closing.

(2) Interim payments will be made on a monthly basis based on the actual costs incurred less 10% of the construction if progress is satisfactory to the commissioner. When the project is 50% complete, the total retainage will be reduced to 5% and subsequent payments will be reduced by 5% of the cost of construction.

(b) Permanent Loan: The term of the permanent loan shall be for a period not to exceed 50 years. The actual term will be determined by taking into account the financial feasibility of the project and term of any rental subsidy for the project. The interest rate shall be determined by the state bond commission and the amount of the permanent loan shall be for an amount not to exceed the total development cost of the project as determined by a cost certification audit.

Effective April 21, 1986                                    
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Sec. 8-79a-11. Management by developers

The developer of a moderate rental housing project shall manage the project in an efficient manner so that the rents can be fixed at the lowest possible level consistent with the provision of decent, safe and sanitary dwelling units.

The rental charges together with other available income shall generate sufficient income to meet the costs of project operation, including but not limited to:

(a) Property taxes or payment in lieu of taxes,

(b) Principal and interest on notes issued by a housing authority,

(c) Principal and interest on any loans received under section 8-70, of the Connecticut General Statutes and these regulations,

(d) The cost of a state service charge, and

(e) The cost of operating and maintaining the project including its administrative costs, and provision of reasonable reserves for repairs, maintenance and replacements, and vacancy and collections losses.

Effective April 21, 1986                                    
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Sec. 8-79a-12. Income limits

Income limits for all projects developed under chapter 128, part II, of the Connecticut General Statutes, for admission to and, continued occupancy in a moderate rental housing project shall be fixed by developer and approved by the commissioner in accordance with the requirement of chapter 128, part II, of the Connecticut General Statutes: provided that the developer and the commissioner shall take into consideration:

(a) The income limits that are established from time to time and published in the federal register by the United States Department of Housing and Urban Development for projects receiving financial assistance from the department;

(b) The latest average wage as computed by the labor commissioner for the city or town served by the developer;

(c) The number of vacancies in the project under the developer's control;

(d) The number of applications for admission to tenancy which are refused because of income disqualification pursuant to section 8-72 (a) of the Connecticut General Statutes, and

(e) The latest median income as computed by the United States Department of Commerce, Bureau of the Census for the municipality in which the project is located.

(f) Unless changed by factors (a), above through (e) a maximum income level for admission will be set at the lower income for the area as established from time to time by HUD in the federal register for federal low income housing. The income limit for continued occupancy will be based on 125% of the maximum level.

(g) A 2% surcharge will be charged on any income in excess of the annual income of such family over that permitted for continued occupancy of such family over that permitted for continued occupancy of such dwelling unit under section 8-72 of the Connecticut General Statutes.

Effective April 21, 1986                                    
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Sec. 8-79a-13. Income sources

The income of all family members from all sources shall be counted toward the total family income for the purposes of determining eligibility for admission to and for continued occupancy in a moderate rental housing project. Projects operated pursuant to contracts with HUD, shall be subject to its regulations concerning income.

Effective April 21, 1986                                    
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Sec. 8-79a-14. Rent determination

Rents shall be based upon a percentage of family income.

(a) In projects where a federal subsidy is available, the percentage of family income used to establish the rental will be determined by the federal agency (HUD).

(b) In projects where no federal subsidy exists, a base rental shall be established and the lessee will pay:

(1) A base rent established by using a percentage of the HUD very low income limits for each geographical area in the state as published from time to time in the federal register for federal low income housing. The percentage will be recommended by the developer and approved by the commissioner of the department of housing.

(2) Or, a percentage of the adjusted net family income up to the established continued limits not to exceed a percentage as established by the developer and the commissioner of the department of housing, or the base rent as noted in item (1) whichever is greater.

(c) The following items shall be deducted from the total (gross) family income to arrive at adjusted net family income.

(1) Income from all dependents who have not reached their 18th birthday, including income received as compensation for the care of foster children, and the state department of children and youth services (DCYS) adoption program.

(2) Income from full-time students who have not reached their 23rd birthday.

(3) Annual medical expenses which exceed 3% of the family's gross income,

(4) Child care costs which enable one or both parents to be gainfully employed, and alimony payments ordered by the courts for dependents and certified as paid.

(5) Each dependent as defined by the internal revenue service, will be allowed a deduction of $ 750. This amount may be adjusted from time to time by the commissioner of housing in his sole discretion.

(6) Any other item which may from time to time be determined by the commissioner of housing.

(7) An amount which equals ten percent of the difference between total family income, less deductions I through 6.

(8) The utility allowance shall be determined by the prevailing rates and the average energy consumption of like units in the project and or other data available to the developer. The percentage of adjusted net family income may be adjusted at the request of the developer and at the discretion of the commissioner.

(d) In the event that the tenant is self employed, the following shall be utilized to compute tenant income:

(1) Gross income.

(2) Allowable deductions including the cost of goods sold, insurances, salary expenses to employees, etc.

(3) Depreciation shall not be considered an allowable expense.

(4) If the developer permits the tenant to use the dwelling unit as an office, the rental and other necessary expenses of the unit shall not be allowable deductions from income for the purposes of rental computation.

(e) For purposes of translating the federally published low income limits chart to a basis for use in determining a percentage for any particular unit size, the following conversions shall be used.

Size of Unit

Column for federal register

1 Bedroom

2 Persons

2 Bedroom

3 Persons

3 Bedroom

4 Persons

4 Bedroom

6 Persons

5 Bedroom

7 Persons

(f) Where rental increases fall into the following categories, rental increases may be phased in by using the following table.

$ 1.00--$ 25.00 -- 1 Year

$ 26.00--$ 50.00 -- 2 Year

$ 51.00--$ 100.00 -- 3 Year

A rental increase exceeding the $ 100.00 figure may be phased in and adjusted by the developer with the approval of the commissioner of the department of housing.

Effective April 21, 1986                                
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Sec. 8-79a-15. Rent increase

The following procedures shall be followed by all developers for any proposed rent increases: These regulations do not apply to rent increases based on circumstances such as family income or composition.

(a) A 30 day written notice mailed to all tenants that a change in the rent schedule will be considered by the developer, at its next meeting, (include the date and time of the meeting) and may result in a rent increase.

(b) Advise tenants that they may submit written comments to the developer within the 30 day period, and that they may review any documents supporting the proposed rent increase which will be on file at the office of the developer. Also, tenants may attend the meeting and make comments at that time.

(c) At the end of the 30 day period, the developer shall submit within 15 days to the commissioner, its recommended management plan plus all tenant comments.

(d) Within 30 days after receipt of the developer's recommendation the commissioner will approve, disapprove, or request modification of the rent increase or any portion thereof.

(e) If the rent increase is approved by the commissioner, the developer must then give the tenants at least 30 days written notice prior to the effective date of the rent increase.

Effective April 21, 1986                                
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Sec. 8-79a-16. Continued occupancy, income verification

(a) In the case of federally assisted projects, federal rules will apply.

(b) Period covered for verification of income: For the purpose of determining eligibility for continued occupancy, the annual income verification period shall be the calendar year January I to December 31.

(c) Full calendar year occupancy must be completed and duly signed by each lessee who has been in continuous occupancy during the full calendar year covered.

(d) Form of application: The application for continued occupancy shall be substantially in the form prescribed by the commissioner of housing and shall have imprinted thereon the following:

(1) Penalty for false statement of any person who makes a false statement concerning the income of the family for which application for admission to or continued occupancy of housing projects is made may be fined not more than five hundred dollars or imprisoned not more than six months or both. (chapter 128, section 8-72 of the Connecticut General Statutes).

(2) The following language shall be contained in an application for continued occupancy: "The statements made by me in this application for continued occupancy are true to the best of my knowledge, for the purpose of verifying income at the time of signing this application. I have no objection to inquiries by the developer concerning my qualification for the purpose of income verification only. I agree to notify the developer immediately of any change in the statements or information required."

(e) Application to tenants: Immediately after December 31 each local authority and developer shall send applications for continued occupancy to all tenants in occupancy for one full calendar year. These applications are to be completed by the tenants and returned to the local authority on or before February 15. Upon completion of the applications of tenants for continued occupancy each developer shall prepare a list of all overincome tenants on the prescribed form for transmittal to the commissioner of housing on or before March 1. Any tenant who, without just cause, fails to report shall be considered overincome. This list shall be based on reports submitted by the tenants. Verification of such reports is a continuing responsibility of each developer.

(f) Notification to overincome tenants. (Section 8-73 of the Connecticut General Statutes, as amended.) Eviction of families having income over maximum limits, waiver of eviction requirement: A tenant in a moderate rental housing project shall vacate the dwelling unit occupied by him not later than sixty days after the housing authority or developer has mailed to such tenant, properly addressed postage prepaid, written notice that the annual income of such tenant's family, determined under section 8-72, of the Connecticut General Statutes is in excess of that permitted for continued occupancy of such dwelling unit under said section. Upon the failure of such tenant to vacate such dwelling unit on or before the expiration of such sixty-day period and so long as such tenant continues to occupy such dwelling unit after the expiration thereof, such tenant shall be obligated, notwithstanding the provisions of section 8-72 of the Connecticut General Statutes to pay to the developer monthly, as rent for such dwelling unit an amount equal to the going rental therefore as fixed by the developer plus an amount equal to two percent of the excess of the annual income of such family over that permitted for continued occupancy of such dwelling unit under section 8-72 of the Connecticut General Statutes.

The written notice specified in Section 8-73 of the Connecticut General Statutes (eviction of families having income over maximum limits) shall be sent on or before March 1. If such notice is not delivered by this date, the department of housing should be so informed and advised of the reasons. This notice shall specifically state that the lease expires on April 30 and any holdover tenancy shall be subject to surcharges as required in section 8-73. The sixty-day period specified thereunder shall be the period March i to April 30 inclusive. A sample copy of the official notification shall be sent to the department of housing.

(g) Legal procedure for eviction: Legal proceedings for eviction may be instituted by the developer against all overincome tenants after the expiration of the sixty-day notice (April 30) unless the time period has been extended due to extenuating circumstances such as, the head of the family is called into military service or the tenant is in the process of purchasing or building a home and other justifiable reasons.

(h) Any overincome tenant may reapply for continued occupancy within the period of the sixty day notice to vacate. Such reapplication must be filed on or before April 15.

If the reverification based on income for the first three months of the current year on or before April 15 indicates that the tenant is still overincome but for a lesser amount than for the previous calendar year, then the new income figure arrived at a projected basis shall be the basis for determination of the surcharge effective May 1. If the projected rate upon reverification exceeds the income for the previous calendar year the lower income shall be used to establish the surcharge amount except those under eviction proceeding for non-compliance.

All overincome tenants subject to a surcharge on May i and who continue in occupancy thereafter shall file an application for continued occupancy as of June 30 covering family income for the first six months of the current year. Such reapplication must be filed on or before July 15. The sanctions which may be imposed for failing to meet the April 30 deadline are applicable for failing to meet the July 15 deadline. Such income shall be projected to an annual base and reclassification made as follows:

(1) Tenants whose projected annual income within the applicable maximum income limits for continued occupancy shall be declared eligible for continued occupancy without further imposition to surcharges effective August 1.

(2) Tenants whose projected annual income exceeds the applicable maximum income limits but whose projected income is less than annual income reported for the prior year shall be eligible for a reduction in the monthly surcharge based on the projected income. Such reduction shall be effective August 1.

(3) Tenants whose projected annual income exceeds the applicable maximum limits but whose projected income is greater than the annual income reported for the prior year shall be subject to an increase in the monthly surcharge effective August 1. No advance notice of rent adjustment is necessary as the tenant is occupying the premises on a use and occupancy basis and, therefore, not subject to any time limit notice as may be prescribed in the lease.

All overincome tenants subject to a surcharge on August I may file a reverification of income for the first 9 months projected income if such projected produces a lower surcharge. The lower surcharge will be levied on November 1.

(i) Emergencies:

(1) In the event of the death or total disability of any tenant resulting in the complete loss of the earning power of a tenant whose account is being surcharged or in the case of a sudden unavoidable loss of employment or income due to no fault of the wage earner. The local authority or developer may, subject to the approval of the department of housing, immediately cancel or appropriately reduce the surcharge amount.

(j) For tenants who are seasonally employed, or are employed in a second job for a position of the year, such as construction workers, teachers, agricultural workers, municipal employees, etc., and in their annual income verification are overincome for the preceding two years, but who on the reverification are under the maximum income limits, their income shall be based on the average income for the preceding two year period.

Effective April 21, 1986                                
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Sec. 8-79a-17. Failure to comply with reverification of income

Failure of the tenant to comply with the reverification of income regulations for the dates prescribed in section 8-79a-16 (b).

In the event that it is determined that, based on verified income data, the tenant's rental should have been an amount which exceeds the amount actually paid by the tenant, the tenant shall be charged the higher rental retroactive to the date said rental was due.

Based on the fact that, due to the tenant's failure to file income data to the developer, the developer has had to spend considerable effort to enforce the income reverification regulations, in the event that it is determined that the amount paid by the tenant exceeds the amount which should have been paid, no refund or credit shall be made to the tenant.

Effective April 21, 1986                                
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Sec. 8-79a-18. Financial reporting and access to records

(a) Each developer shall maintain complete and accurate books and records, insofar as they pertain to state moderate rental housing projects, and they shall be set up and maintained in accordance with the latest manual approved by and available from the commissioner.

(b) Financial statements consisting of a balance sheet, operating statement and analysis of reserves shall be prepared quarterly for each administrative fund and submitted to the day commissioner not later than on the last of the following month. Prior to the completion of the construction or rehabilitation of the project, quarterly financial statements shall also be submitted showing program costs to date and costs as budgeted along with the balance sheet.

(c) Each developer (except housing authorities) shall furnish to the commissioner within ninety days after the end of each fiscal year of the developer, audited financial statements of developer which shall include statements of

(1) Assets, liabilities and partners' equity.

(2) Revenues and expenses and,

(3) Change in assets, liabilities and partners' equity.

setting forth in each case, in comparative form, the corresponding figures for the preceding fiscal year in reasonable detail, including all supporting schedules and comments, all of which shall be reported on by an independent certified public accountant of recognized standing registered to practice in the state of Connecticut, selected by the developer and satisfactory to the commissioner, as modified to reflect reporting for income tax purposes (such modification to be explained in the financial statements), to be explained consistently by the developer for each fiscal year, except for inconsistencies explained in such reports.

(d) Each developer (except housing authorities) shall obtain from its independent certified public accountant, and furnish to the commissioner together with each statement referred to in subsection (c) of section 8-79a-18, a written statement indicating that said accountants have obtained no knowledge of any default by borrower in the performance of any obligation to the state under the mortgage loan documents, or disclosing all defaults of which the accountants have obtained knowledge, provided, however, that in making their examinations the accountants shall not be required to go beyond the limits of generally accepted auditing standards.

(e) Each developer shall furnish the commissioner such additional reports and statements in such manner, in such detail and at such times as he may reasonably prescribe respecting the development and operation of the project.

(f) At any time during regular business hours, and as often as the commissioner may require, permit the commissioner or his representatives full and free access to the accounts, records and books of the developer relative to the project, said permission to include the right to make excerpts or transcripts from such accounts, records and books.

(g) In order to assure financial stability, the developer shall require that credit checks be made on all applicants for moderate rental units.

Effective April 21, 1986                                
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Sec. 8-79a-19. Audit

Developers will be subject to annual audits of all books and records. Audits will be performed by independent public accountants registered to practice in the state of Connecticut, or by qualified departmental personnel and shall be conducted in accordance with procedures established by the department.

Effective April 21, 1986                                    
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Sec. 8-79a-20. Definitions

(a) "Developer's Fee" means a bonus earned by developers that have successfully completed key events in the development process.

(b) "Key Events" means the four main phases in the development process: (1) Preliminary Application Approval, (2) Final Application Approval, (3) Construction Start; and (4) Construction Completion.

(c) "Successfully Completed" means completion of key events in a timely

Effective December 27, 1990                                         Return to top

 

 

Sec. 8-79a-21. Terms and conditions

(a) A developer's fee may be established at up to 10% of the total development cost, less the cost of land, or $ 100,000, whichever is less.

(b) The fee schedule shall be determined as follows:

Percent of Fee

Key Event

10%

Preliminary Application

15%

Final Application

25%

Construction Start

50%

Construction Completion

(c) Developer's fees are earned based on the schedule established for completing key events in the development process, as approved by the Commissioner.

(d) Developers shall only earn a fee for those key events that are completed according to the established schedule. Developers may not be entitled to earn a fee for key events completed after the established schedule. Developers shall earn, but not receive, any fee, until completion of the housing development.

Effective December 27, 1990                                       
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Sec. 8-79a-22. Implementation

The provisions of Section 8-68g-1, except as otherwise provided, shall govern the implementation of the Moderate Rental Housing Program developers' fee.

Effective December 27, 1990                                       
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Secs. 8-79a-23--8-79a-40. Reserved

                                                                 Return to top

 

Sec. 8-81a-1. Definitions

The following definitions apply to Section 8-81a-1 through Section 8-81a-5 of the Regulations of Connecticut State Agencies:

(a) "Adaptable Housing" means housing which is designed and built with adaptable features that include all of the accessibility features required by the American National Standards Institute (ANSI 1986) and the Uniform Federal Accessibility Standards (UFAS 1984) and allows a choice of certain adjustable features or fixed accessible features.

(b) "Commissioner" means the Commissioner of Housing.

(c) "Disabilities" means a limitation or loss of use of a physical or mental function.

(d) "Department" means the Connecticut Department of Housing.

(e) "Financial Assistance" means a loan, grant or loan and grant combination, as determined by the availability of funds for the applicable program.

(f) "Multi-Family Housing Project" or "Project" means any work or undertaking to provide more than one decent, safe and sanitary dwelling unit for families of low or moderate income, which may include the planning of buildings and improvements, the acquisition of property, site preparation, the demolition of existing structures, new construction, or the rehabilitation of existing buildings.

Effective June 26, 1989                                     Return to top

 


Sec. 8-81a-2. Program description

(a) The Commissioner, in consultation with the Office of Protection and Advocacy for Handicapped and Developmentally Disabled Persons, shall require a multi-family housing project to be newly constructed or substantially rehabilitated with the use of any state financial assistance in such a fashion as to be fully adaptable for use and occupancy by persons having physical or mental disabilities or by persons without such disabilities.

(b) Developers shall be determined based on the State regulations governing the specific program from which the financial assistance shall be obtained.

(c) The developer shall be required to comply with all rules and orders promulgated from time to time by the Commissioner and consistent with the Connecticut General Statutes and these regulations.

Effective June 26, 1989                                     Return to top

 


Sec. 8-81a-3. Application

(a) The Commissioner may solicit and/or accept applications for participation in this program from eligible developers to construct or rehabilitate a multi-family dwelling(s) in such a fashion as to be fully adaptable for use and occupancy by persons with or without physical or mental disabilities.

(b) As part of the application process, the developer shall be required to fulfill all the requirements promulgated in accordance with the program under which they are to receive financial assistance.

(c) The Commissioner may, from time to time, request additional information from the developer.

(d) Applications shall be approved or disapproved based upon the factors listed in Section 8-81a-3 (a), (b) and (c) above, as well as the availability of financial assistance under the appropriate program.

(f) If an application is disapproved, the developer shall be notified in writing of the reasons for such disapproval.

(g) If an application is approved, the Commissioner shall notify the developer that the activity may proceed and inform the developer of the contents and terms of the contract for state financial assistance under the appropriate program.

Effective June 26, 1989                                     Return to top

 


Sec. 8-81a-4. Minimum requirements

Projects shall include at minimum but not be limited to the following features in interior, exterior and common areas:

(a) Adaptable--easily removable countertops and cabinets, adjustable closet shelving and rods, grab bars, adequate work space and turning areas; and

(b) Accessible--handicapped and/or legally prescribed parking spaces, curb cuts, doorways, hallways and walkways, of proper width and slope; and

(c) Any other features which the Commissioner determines is necessary to accommodate persons having physical or mental disabilities.

Effective June 26, 1989                                     Return to top

 


Sec. 8-81a-5. Reporting requirements

Pursuant to Section 8-81a of the Connecticut General Statutes the developer shall be required to provide the Commissioner with any/all information that would serve as a guideline for replication of this pilot program within four (4) months of occupancy of the project in order for the Commissioner to comply with the reporting requirements of said section. This information shall be in such form as determined by the Commissioner.

Effective June 26, 1989                                        Return to top

 


Sec. 8-116a-1. Applicability

Pursuant to Section 8-116a of the Connecticut General Statutes, these criteria and procedures are applicable to each housing authority, housing partnership or non-profit corporation administering elderly housing projects under Chapter 128 of the Connecticut General Statutes, and, to the Commissioner of Housing acting as a housing authority, and any agent, servant or independent contractor acting on behalf of a housing authority or the Commissioner of Housing in the role of a housing authority.

Effective January 22, 1986                                     Return to top

 


Sec. 8-116a-2. Definitions

(a) Incorporation of definitions: The provisions of Section 8-45-9 (a) Co) (c) (d) (e) and (f), inclusive, except as otherwise provided, shall govern the implementation of elderly housing waiting lists.

(b) "A non-profit corporation," is a corporation incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership, or operation of housing, and having articles of incorporation approved by the Commissioner of Housing, as a "housing partnership" shall be construed as defined by Section 8-113a of the Connecticut General Statutes, as amended.

Effective January 22, 1986                                    Return to top

 


Sec. 8-116a-3. Implementation

The provisions of Section 8-45-10, through 8-45-15, inclusive, except as otherwise provided, shall govern the implementation of elderly housing waitings lists.

Effective January 22, 1986                                  Return to top

 


Sec. 8-116a-4. Definitions

(a) "Developers' Fee" means a bonus earned by developers that have successfully completed key events in the development process.

(b) "Key Events" means the four main phases in the development process: (1) Preliminary Application Approval, (2) Final Application Approval, (3) Construction Start; and (4) Construction Completion.

(c) "Successfully Completed" means completion of key events in a timely manner.

Effective December 27, 1990                              Return to top

 

 

Sec. 8-116a-5. Terms and conditions

(a) A developers' fee may be established at up to 10% of the total development cost, less the cost of land, or $ 100,000, whichever is less.

(b) The fee schedule shall be determined as follows:

Percent of Fee

     Key Event

10%

Preliminary Application

15%

Final Application

25%

Construction Start

50%

Construction Completion

(c) Developer's fees are earned based on the schedule established for completing key events in the development process, as approved by the Commissioner.

(d) Developers shall only earn a fee for those key events that are completed according to the established schedule. Developers may not be entitled to earn a fee for key events completed after the established schedule. Developers shall earn, but not receive, any fee, until completion of the housing development.

Effective December 27, 1990                              Return to top

 

 

Sec. 8-116a-6. Implementation

 

The provisions of Section 8-68g-1, except as otherwise provided, shall govern the implementation of the Elderly Housing Program developers' fee.

Effective December 27, 1990                             Return to top

 

 

Sec. 8-119g-1. Program description

The State Congregate Housing program provides a grant or loan for the development of a housing facility for the frail elderly who have low incomes as well as subsidy funds to assist in the provision of Congregate support services which are necessary to enable semi-independent living in a residential setting.

Effective June 19, 1985                                     Return to top

 


Sec. 8-119g-2. Definitions

(a) "Commissioner" means the Commissioner of Housing.

(b) "Department" means the Connecticut Department of Housing.

(c) "SDA" means the Connecticut State Department on Aging.

(d) "HUD" means the United States Department of Housing and Urban Development.

(e) "The Participating Municipality" means a municipality in which a Congregate Housing Project is located.

(f) Eligible developers shall be:

(1) "A community housing development corporation" incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership, or operation of housing, and having articles of incorporation approved by the Commissioner of Housing in accordance with Section 8-217 of Chapter 128 of the C.G.S.,

(2) "Any Authority" or "Housing Authority" created by Section 8-40 and the Commissioner of Housing, when exercising the powers of a Housing Authority pursuant to Chapter 129 or,

(3) "Other corporations" defined by the Commissioner on Aging using the following criteria:

(A) It should be organized for purposes other than to make a profit or gain for itself and shall not be controlled or directed by persons or firms seeking to derive profit or gain from the project.

(B) It may be organized for purposes of providing one or more social and supportive services to elderly persons living in their own homes and communities.

(C) It may be organized for purposes of providing varied combinations of shelter and supportive services to elderly persons.

(D) It should be organized, at least for purposes of Congregate housing activities, to ensure that elderly persons contribute substantially to policy and operations as members of its governing body and/or an advisory body it may establish for such purposes.

(g) "Congregate Housing" means a form of residential environment consisting of independent living assisted by Congregate meals, housekeeping and personal services, for persons sixty-two years old or older, who have temporary or periodic difficulties with one or more essential activities of daily living such as feeding, bathing, grooming, dressing or transferring.

(h) "Congregate Housing Project" means the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements or all other work performed in connection with a congregate housing program.

Effective June 19, 1985                                     Return to top

 


Sec. 8-119g-3. Congregate services

(a) Congregate services shall include:

(1) Individual apartment accommodations without shared kitchen or bath facilities.
(2) One main meal a day in the facility's main dining area.
(3) Housekeeping services as required.
(4) Personal care services to assist in the delivery of services for daily living activities.
(5) A 24 hour emergency security.

 (b) Congregate services which may be included are:

(1) Transportation arrangements.
(2) Assistance in contacting existing community services.

(c) Congregate Services do not include:


(1) Rehabilitation services.
(2) Nursing services or supervision for any purpose including but not limited to administration and monitoring of medications.


Effective June 19, 1985                                     Return to top

 


Sec. 8-119g-4. Eligibility conditions of residents


(a) 62 years of age or older.

(b) Meet established criteria of local selection committee approved by the Commissioner. Criteria includes, but is not limited to:

(1) Physical and functional assessment of frailty.

(2) Housing conditions and living arrangements.

(3) Income and assets.

(4) Daily living needs.

(c) Meet income limits for admission and continued occupancy approved by the Commissioner. Annual reverification of income will be required of all tenants.

(d) The maximum income limits for admission will be an average of the published federal low income public housing limits for Connecticut.

Effective June 19, 1985                                     Return to top

 

 

Sec. 8-119g-5. Income

(a) The income from all sources, such as, social security, pensions, interest, dividends, annuities, wages and any W-4 forms received by the tenant, rent on owned property, shall be counted toward the total income for the purpose of determining eligibility for admission to and continued occupancy in Congregate Housing projects.

(b) Projects operated pursuant to contracts with HUD, shall be subject to its regulations concerning income.

(c) Adjusted gross income shall be determined based on deductions as approved by the Commissioner. The deductions include but are not limited to such allowances as food, personal use costs and fiat income adjustment.

Effective June 19, 1985                                     Return to top


 

Sec. 8-119g-6. Authority of the commissioner

(a) No housing project or projects for elderly persons shall be developed until the commissioner of housing has approved the site, the plans and specifications, the estimated development cost, including administrative or other cost or expense to be incurred by the state in connection therewith as determined by said commissioner, and an operation or management plan for such project or projects which shall provide an income, including contributions expected from any source, which shall be adequate for debt service on any notes or bonds issued by the developer to finance such development cost, administration, including a state service charge, other operating costs and establishment of reasonable reserves for repairs, maintenance and replacements, vacancy and collection losses. Said service charge shall be sufficient to provide for administrative or other cost and expense incurred by the state as determined by said commissioner in regulating or supervising the operation of such project or projects from and after the date of completion ox construction thereof as determined by the commissioner. During the period of operation of such project or projects, the authority shall submit to the commissioner for his approval its rent schedules and its standards of tenant eligibility and continued occupancy and any changes therein, and its proposed budget for each fiscal year, together with such reports and financial and operating statements as the commissioner finds necessary.

(b) The commissioner shall have the right of inspection of any such project at any time.

(c) The commissioner is authorized to make orders and regulations with respect to the development and the operation and management of such project or projects by housing developers, and to determine the allocation of funds to meet the development costs of such project or projects, including administrative or other costs or expenses to be incurred by the state.

Effective June 19, 1985                                     Return to top


 

Sec. 8-119g-7. Program review criteria

(a) The Department's review will be based upon the need for housing in the community as documented by applications on file or a needs survey, the suitability of the proposed site for congregate housing, the capability of the developer to successfully complete and manage the project and the quality of its application.

Effective June 19, 1985                                     Return to top

 

 

Sec. 8-119g-8. Application and approval procedure

(a) Submission of an application.

(b) Evidence of control of a proposed site.

(c) Approval of Application as defined in Section 8-119g-9 below.

(d) Recommendation of a funding allocation request to State Bond Commission by the Commissioner.

(e) Approval by State Bond Commission.

(f) Execution of Contract between State and Applicant.

(g) Submission, review and approval of preliminary, basic and final architectural plans and drawings by the Commissioner.

(h) Authorization from Commissioner to award contract.

Effective June 19, 1985                                     Return to top


 

Sec. 8-119g-9. Application contents and review

(a) Certified Resolution of Developer.

(b) Statement of Need.

(c) Proposed Site Information.

(d) Evidence of funds go meet planning costs.

(e) Proposed Development budget and costs.

(f) Proposed Management budget.

(g) If Developer is a community housing development corporation evidence of its designation by the governing body municipality.

(h) If Developer is an "other corporation" evidence that it has been approved by the Commissioner on Aging.

(i) Affirmative fair housing market plan,

Effective June 19, 1985                                     Return to top


 

Sec. 8-119g-10. Management

(a) The Developer of a congregate housing project shall manage the project in an efficient manner so that the rental charges and congregate service costs shall be fixed at the lowest possible levels consistent with the provision of decent, safe, and sanitary dwelling units and the congregate services will be delivered to the tenant; in the most beneficial and efficient manner.

(1) All tenants will be required to pay a minimum rental charge, in accordance with a management plan approved by the Commissioner. The rental charges together with any available income shall generate sufficient income to meet the costs of the project operation, including but not limited to:

(A) Payment-in-lieu of taxes where applicable.

(B) The cost of state service charge.

(C) The cost of operating and maintaining the project, including its administrative cost and provision of reasonable reserves for repairs, maintenance, and vacancy and collection losses.

(2) All tenants will be required to pay the congregate services costs, based on their net income after allowances, in accordance with a formula approved by the Commissioner. Congregate services charges together with any available State subsidy or other available income shall generate sufficient income to meet the costs of the congregate services, including but not limited to those defined in 8-119g-3 (A) of these regulations.

(3) Rental Charge Increase: The following procedures shall be followed by all developers for any proposed rental charge increase. These procedures do not apply to adjustments based on circumstances such as family income or composition.

(A) A 30 day written notice to all tenants that a change in the rental charge will be considered by the developer at its next meeting, (include date and time of the meeting) and may result in an increase.

(B) Advise tenants that they may submit written comments to the developer within the 30 day period, and that they may review any documents supporting the proposed increase which will be on file at the office of the developer and at the congregate housing site. Also, tenants may attend the meeting and make comments at that time.

(C) At the end of a 30 day period, the developer shall submit within 15 days to the Commissioner, its recommended management plan plus all tenants comments.

(D) Within 30 days after receipt of the developer's recommendation, the Commissioner approves, disapproves, or requests modification of the increase or any portion thereof.

(E) If the increase is approved by the Commissioner, the developer must then give the tenants at least 30 days written notice prior to the effective date of the increase.

(4) Congregate Services Increases: The following procedures shall be followed by all developers for any proposed congregate services increase. These procedures do not apply to adjustments based on circumstances such as family income or composition.

(A) Within 60 days of the proposed increase, the developer shall submit its recommended Management Plan to the Commissioner.

(B) Within 30 days after receipt of the developer's recommendation, the Commissioner approves, disapproves or requests modification of the increase or any portion hereof.

(C) If the increase is approved by the Commissioner, the developer must then give the tenants at least 30 day written notice prior to the effective date of the increase.

(5) Proper notice and an opportunity to be heard prior to the imposition of rental charge increases and congregate services increases shall be deemed matters of Procedural Due Process of Law. Accordingly, all time frames for notice requirement and comments are jurisdictional. Any person aggrieved by the manner or method of the imposition of rent as congregate services increases or decreases may appeal any such grievance to the Commissioner of Housing within six (6) months of the occurrence of such incident.

Effective June 19, 1985                                     Return to top


 

Sec. 8-119g-11. Fiscal policy

(a) Costs during development phase:

(1) Financial Assistance: The Commissioner may enter into a contract with a housing authority, a community housing development corporation as defined in Section 8-217 of the General Statutes or other corporations approved by the Commissioner on Aging for State financial assistance for a Congregate housing project for elderly persons in the form of a capital grant for application to the development cost of the project, or in the form of a loan rather than a capital grant where the funding from an agency of the U.S. Government is available to repay the loan.

(2) Payments: The Commissioner, in accordance with such contract, may make temporary advances to such authority or such community housing development corporation or other corporation approved by the Commissioner on Aging for preliminary planning expense or other development cost of project or projects.

(3) Reporting: The housing authority, community housing development corporation or other corporations approved by the Commissioner on Aging, as the case may be, are required to submit quarterly schedules of development costs upon receipt of first advance of funds from the State. A development Fund Release Sheet is also required on a quarterly basis.

(b) Costs during management phase:

(1) Financial Assistance: The Commissioner may enter into an annual contract to provide a subsidy for the cost of Congregate Services for the eligible tenants of the Congregate Facility.

(2) Payments: The Commissioner, in accordance with such contract, may make payments to such developers who are required to submit quarterly financial statements to verify the need for the subsidy payment. Such payments shall not exceed the total cost of the program or the total amount of the annual grant.

(3) Reporting: The developer is required to submit quarterly financial statements and annual Management Plans and other reports as required by the Commissioner.

Effective June 19, 1985                                     Return to top


 

Sec. 8-119g-12. Audits

(a) The housing authority, community housing development corporation or other corporations approved by the Commissioner on Aging will be subject to audits of all books and records. Audits will be performed by independent public accountants registered to practice in the State of Connecticut or by qualified Department of Housing's personnel and shall be in accordance with procedures established by the Department of Housing. An audit is to be completed as soon as practical, following the completion of the development of the project and at the end of an operating period when project is under management. An audit will also be required of each annual subsidy agreement and for the administration periodically as deemed necessary by the Commissioner.

Effective June 19, 1985                                 Return to top


 

Sec. 8-119g-13. Applicability

Pursuant to Section 8-116a and 8-119g of the Connecticut General Statutes, these criteria and procedures are applicable to each housing authority, housing partnership or non-profit corporation administering elderly housing projects under Chapter 128 of the Connecticut General Statutes, to the Commissioner of Housing acting as a housing authority and any agent, servant or independent contractor acting on behalf of a housing authority, the Commissioner of Housing in the role of a housing authority, housing partnership, or any non-profit corporation.

Effective January 22, 1986                                 Return to top


 

Sec. 8-119g-14. Definitions


(a) Incorporation of definitions: The provisions of Section 8-45-9 (a) (b) (c) (d) (e) and (f) inclusive of of this regulation except as otherwise provided herein and subsection (a) of Section 17-137 of the Connecticut General Statutes, shall govern the implementation of Congregate Housing waiting lists.
(b) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant to chapter 600, having as one of its purposes the construction, rehabilitation, ownership or operation of housing and having articles of incorporation approved by the commissioner of housing in accordance with regulations adopted pursuant to section 8-79a or 8-84.

Effective January 22, 1986                                 Return to top


 

Sec. 8-119g-15. Implementation

The provisions of Section 8-45-10 through 8-45-15: inclusive of this regulation, except as otherwise provided, shall govern the implementation of Congregate Housing waiting lists.

Effective January 22, 1986                                 Return to top

Secs. 8-119jj-1--8-119jj-15. Repealed, April 20, 1990.

                                                                   Return to top


Sec. 8-119jj-16. Definitions

The following definitions apply to Sections 8-119jj-16 through 8-119jj-26 of the Regulations of Connecticut State Agencies:

(a) "Admission Income Limit" means the maximum income allowed for admission to an affordable housing development.

(b) "Affordable Housing Development" or "Development" means any work or undertaking to provide decent, safe and sanitary dwelling units for families of low income, which may include the planning of buildings and improvements, the acquisition of property, site preparation, the demolition of existing structures, new construction, or the rehabilitation of existing buildings.

(c) "Base Rent" means the minimum rent that any tenant will pay as established for each development and approved by the Commissioner.

(d) "Commissioner" means the Commissioner of Housing.

(e) "Continued Occupancy Limit" means the maximum income allowed for continued occupancy in an affordable housing development.

(f) "Department" means the Connecticut Department of Housing.

(g) "Deferred Loan" means a loan where the principal and interest payments shall become due and payable no later than the sale and/or disposition of the development.

(h) "Developer" means:

(1) a housing authority established in accordance with Section 8-40 of the Connecticut General Statutes and the Connecticut Housing Authority when exercising the rights, powers, duties or privileges of, or subject to the immunities or limitations of housing authorities pursuant to Section 8-121 of the Connecticut General Statutes; or

(2) a nonprofit corporation incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership or operation of housing and having articles of incorporation approved by the Commissioner; or

(3) a municipal developer, which means a municipality which has not declared by resolution a need for a housing authority pursuant to Section 8-40 of the Connecticut General Statutes, acting by and through its legislative body, except that in any town in which a town meeting or representative town meeting is the legislative body, "municipal developer" means the Board of Selectmen if such board is authorized to act as the municipal developer by the town meeting or representative town meeting; or

(4) a partnership, consisting of:

(A) a housing authority, a nonprofit corporation, a municipal developer, or any combination thereof; and

(B) (i) a business corporation incorporated pursuant to chapter 599 of the general statutes having as one of its purposes the construction, rehabilitation, ownership or operation of housing, and having articles of incorporation approved by the Commissioner in accordance with regulations adopted pursuant to section 8-119jj of the Connecticut General Statutes; or

(ii) a for-profit partnership, limited partnership, joint venture, trust or association having as one of its purposes the construction, rehabilitation, ownership or operation of housing and having basic documents of organization approved by the Commissioner in accordance with regulations adopted pursuant to section 8-119jj of the Connecticut General Statutes; or

(iii) any combination of the entities included under subparagraphs (i) and (ii) of this subdivision.

(i) "Equity Interest" means a housing site or cash contribution either of which must be approved by the Commissioner as part of the total project development cost to be furnished by a developer receiving a grant.

(j) "Family" means a household consisting of one or more persons.

(k) "Financial Assistance" means any grants or deferred loans provided for the purpose of developing a low income housing development for which a contract is entered into by the state with a developer.

(l) "Mortgage" means an interest in real property created by a written instrument providing a first lien on such property as security for repayment of a debt or obligation.

Effective January 29, 1991                                 Return to top


 

Sec. 8-119jj-17. Program description

(a) The affordable housing program provides financial assistance to developers to assist in the creation of rental units for low income families. Developers may receive state financial assistance in the form of grants or deferred loans for the development of rental housing, including, but not limited to, real property acquisition and preparation, construction or rehabilitation, architect's fees, and administrative or other costs or expenses incurred by the state.

(b) The Commissioner may, for good cause shown, if he deems it in the best interest of the state, waive any non-statutory requirement imposed by these regulations.

(c) Developers shall be required to comply with all rules and orders promulgated from time to time by the Commissioner and consistent with the Connecticut General Statutes for the development and management of rental affordable housing developments pursuant to Section 8-119bb through Section 8-119jj of the Connecticut General Statutes.

Effective January 29, 1991                                 Return to top


 

Sec. 8-119jj-18. Eligibility

To be eligible to participate in this program;

(a) A housing authority must, in addition to the requirements in subsection (d) below:

(1) Be in good standing with the Department; and

(2) Submit a statement from the legal counsel of the municipality that verifies that the housing authority is recognized and continues to be properly constituted by the municipality in accordance with Section 8-40 of the Connecticut General Statutes.

(b) A nonprofit corporation must, in addition to the requirements in subsection (d) below:

(1) Submit documentation of tax exempt status;

(2) Submit an endorsed certificate of incorporation, which includes the articles of incorporation, certified by the secretary of the state;

(3) Submit a certificate of goodstanding certified by the secretary of the state; and

(4) Inform the department, in writing, of the corporation's principal place of business.

(c) A partnership must, in addition to the requirements in subsection (d) below:

(1) Submit a copy of the organizational documents of the partnership;

(2) Submit for each entity comprising the partnership an endorsed certificate of incorporation, which includes articles of incorporation, certified by the secretary of the state, or a copy of each entity's documents of organization, as appropriate;

(3) Submit remaining information required in subsection (a), (b), or (e), as appropriate, for each member of the partnership; and

(4) Submit a statement in writing of the partnership's principal place of business.

(d) All housing authorities, nonprofit corporations or partnerships must:

(1) Submit a list of housing developments which they have developed, owned, or managed; and

(2) Submit a statement authorizing the Commissioner to apply for a credit report from any appropriate credit reporting agency covering the developer for consideration in determining the financial capability of the developer.

(e) A municipal developer must submit a notarized copy of its legislative body's resolution designating their governing body as a municipal developer.

Effective April 20, 1990                                     Return to top


 

Sec. 18-119jj-19. Application approval process

(a) Developers may be required to pay a processing fee.

(b) Applications shall be approved or disapproved by the Commissioner based on but not limited to the following:

(1) Housing need and marketability;

(2) Any needs outlined in the Five Year Housing Advisory Plan;

(3) Site control and suitability;

(4) Plans and specifications in accordance with the Commissioner's design standards;

(5) Financial information on projected cost of development and management;

(6) The apparent capability of the developer to plan, complete and manage the affordable housing development;

(7) Local support; and

(8) Execution of a cooperation agreement.

(c) If an application is disapproved, the developer shall be notified in writing of the reasons for the disapproval.

(d) If an application is approved, the Commissioner shall notify the developer, in writing, that the affordable housing development may proceed and inform the developer of the contents and terms of the contract(s) for state financial assistance to be entered into with the developer.

Effective April 20, 1990                                 Return to top

 

 

Sec. 8-119jj-20. Contract for financial assistance

(a) Contract(s) shall include, but not be limited to: the amount of the financial assistance to be provided, the amount of the state service charges to be assessed during the development and management of the affordable housing development(s), the term of the contract(s), and the rights and obligations of the parties under the contract(s).

(b) All deferred loans shall be secured by a mortgage note and deed on terms and conditions satisfactory to the Commissioner.

(c) A lien shall be filed on all property for which the state has provided financial assistance. The Commissioner may subordinate the state's lien if the level of state financial assistance so warrants.

Effective April 20, 1990                                     Return to top


 

Sec. 8-119jj-21. Management

(a) Developers shall manage affordable housing developments in an efficient manner so that base rents can be fixed at the lowest possible level consistent with the provision of decent, safe and sanitary dwelling units.

(b) The total income for a development shall be sufficient to meet the costs of development operation including but not limited to:

(1) The cost of operating and maintaining the development including its administrative costs, provision of reasonable reserves for repairs, maintenance and replacements, and vacancy and collection losses;

(2) Property taxes, either full or abated, or payments in lieu of taxes not otherwise paid by the state to the municipality;

(3) The cost of a state service charge if one is assessed;

(4) A limited dividend for partnerships only, as approved by the Commissioner; and

(5) The cost of the principal and/or interest due and payable on the loan, if applicable.

(c) The Commissioner shall annually approve an operation or management plan for each development.

Effective April 20, 1990                                     Return to top

 

 

Sec. 8-119jj-22. Admission and continued occupancy income limits

(a) The admission income limit shall be fifty percent of the area median income, adjusted for family size, as determined from time to time by the U.S. Department of Housing and Urban Development.

(b) The continued occupancy income limit shall be the admission income limit as defined in subsection (a) above, multiplied by a factor of 1.60.

(c) For the purpose of determining eligibility for continued occupancy income verification shall be annually.

(d) All tenants shall be notified, in writing, of changes in their rent or of over income status resulting from the income re-verification at least thirty (30) days prior to the effective date of such changes.

Effective April 20, 1990                                     Return to top


 

Sec. 8-119jj-23. Rent determination

Rents for developments shall be determined as follows:

(1) Where federal or state rental assistance is available, the rent schedule will be determined by the rules governing the program of the federal or state agency.

(2) In developments where no rental subsidy exists, a base rent shall be established and the tenant will pay the higher of:

(A) A percentage of the adjusted gross income not to exceed thirty percent, minus a utility allowance for those tenants who pay their own utilities. The percentage shall be established by the developer and approved by the Commissioner; or

(B) A base rent established by the developer and approved by the Commissioner.

Effective January 29, 1991                                 Return to top


 

Sec. 8-119jj-24. Procedures for rent changes

The following procedures shall be followed by all developers for any proposed rent increases, except rent increases based on circumstances such as family income or composition:

(a) A 30 day written notice mailed to all tenants that a change in the rent schedule will be considered by the developer, at its next meeting, (include the date and time of the meeting) and may result in a rent increase.

(b) Advise tenants that they may submit written comments to the developer within the 30 day period, and that they may review any documents supporting the proposed rent increase which will be on file at the office of the developer. Also, tenants may attend the meeting and make comments at that time.

(c) At the end of the 30 day period, the developer shall submit within 15 days to the Commissioner, its recommended management plan plus all tenant comments.

(d) Within 30 days after receipt of the developer's recommendation the Commissioner will approve, disapprove, or request modification of the rent increase or any portion thereof.

(e) If the rent increase is approved by the Commissioner the developer must then give the tenants at least 30 days written notice prior to the effective date of the rent increase.

Effective April 20, 1990                                     Return to top


 

Sec. 8-119jj-25. Program and financial reporting

(a) Developers shall, annually, provide income data which covers the period through September thirtieth. Such data shall be provided on all households entering a housing development and those occupying the development during the year.

(b) Developers shall maintain complete and accurate books and records in accordance with the latest procedures approved by the Commissioner.

Effective January 29, 1991                                 Return to top


 

Sec. 8-119jj-26. Fiscal compliance and examination

Developers receiving financial assistance shall be subject to examination of all books and records. Examinations shall be performed by independent public accountants registered to practice in the State of Connecticut, or by qualified Department personnel. All examinations shall be performed in accordance with procedures established by the Department.

Effective April 20, 1990                                     Return to top


 

Sec. 8-119jj-27. Definitions

(a) "Developers' Fee" means a bonus earned by developers that have successfully completed key events in the development process.

(b) "Key Events" means the four main phases in the development process: (1) Preliminary Application Approval, (2) Final Application Approval, (3) Construction Start; and (4) Construction Completion.

(c) "Successfully Completed" means completion of key events in a timely manner.

Effective December 27, 1990                          Return to top

 

 

Sec. 8-119jj-28. Terms and conditions

(a) A developers' fee may be established at up to 10% of the total development cost, less the cost of land, or $ 100,000, whichever is less.

(b) The fee schedule shall be determined as follows:

Percent of Fee

     Key Event

10%

Preliminary Application

15%

Final Application

25%

Construction Start

50%

Construction Completion

(c) Developer's fees are earned based on the schedule established for completing key events in the development process, as approved by the Commissioner.

(d) Developers shall only earn a fee for those key events that are completed according to the established schedule. Developers may not be entitled to earn a fee for key events completed after the established schedule. Developers shall earn, but not receive, any fee, until completion of the housing development.

Effective December 27, 1990                              Return to top   

      

 

Sec. 8-119jj-29. Implementation

The provisions of Section 8-68g-1, except as otherwise provided, shall govern the implementation of the Affordable Housing Program developers' fee.

Effective December 27, 1990                             Return to top

 

 

Section 8-119kk -1. Definitions.

 

As used in sections 8-119kk-1 to 8-119kk-8, inclusive, of the Regulations of Connecticut State Agencies:

(1)     "Adjusted gross income" means the aggregate annual income of all household members from all sources, less allowable deductions, as determined by the commissioner.

(2)     “Allowable deductions” means deductions for alimony payments ordered by the courts for dependents and certified as paid and non-reimbursable medical and dental expenses, in excess of 3% of gross income.

(3)     "Assistance agreement" means a written agreement between the state and a grantee that contains the terms and conditions under which they will participate, and the amount of rental assistance payments to be made by the State for each eligible household.

(4)     "Base rent" means the minimum rental charge determined by the commissioner to be necessary for the operation, upkeep and long-term maintenance and capital replacement reserves of a housing development.

(5)     "Commissioner" means the commissioner of the Department of Economic and Community Development.

(6)     "Department" means the Department of Economic and Community Development.

(7)     "Grantee" means a housing authority, not for profit corporation or a partnership, consisting of: (A) a housing authority, a nonprofit corporation, a municipal developer, or any combination thereof; and (B) a business corporation incorporated pursuant to chapter 601 of the general statutes having as one of its purposes the construction, rehabilitation, ownership and operation of such housing.

(8)     "Rental assistance" means the amount payable by the state toward the cost of the contract rent.

(9)     "Utility allowance" means the estimated monthly allowance, as approved by the commissioner, for a household for heat and other utilities, excluding telephone and cable TV, which is not supplied or paid for by the grantee.

 

Effective July 3, 2008                                           Return to top

 

 

Section 8-119kk -2. Program Description

 

(a)  The commissioner shall implement a non-entitlement program of rental assistance for elderly persons living in State-assisted rental housing developed, under section 8-112a to 8-119c, inclusive, of the Connecticut General Statutes, that will allow such persons to afford decent, safe and sanitary housing.  The commissioner may limit access to the rental assistance program dependent upon the availability of funds.  Previous participation in the rental assistance program does not guarantee a grantee the right to participate in the program if a change in the applicant’s circumstances occurs, that results in ineligibility, prior to execution of the rental assistance contract.   The commissioner may suspend or cancel already existing rental assistance contracts based on lack of funds.

(b)  The department shall oversee the program established by section 8-119kk of the Connecticut General Statutes.  The grantee shall be responsible for administrative responsibilities of the program established by section 8-119kk of the Connecticut General Statutes, including tenant selection, annual unit inspections, initial and annual reexamination of tenant income and rent adjustments, maintenance of records and other duties as required by the commissioner.  

(c)  Should a qualified tenant who is receiving a subsidy under the program be otherwise eligible to relocate to another state-assisted rental housing facility that is participating in the program, and choose to do so, the state shall notify the tenant and the grantee that the tenant’s certificate will be transferred to that new facility and the qualified tenant will continue to receive rental assistance at the new facility.

 

Effective July 3, 2008                                          Return to top

 

 

Section 8-119kk-3.  Fair Housing and Equal Opportunity Requirements

 

Grantees participating in the program established by section 8-119kk of the Connecticut General Statutes are required to comply with all applicable federal and state fair housing laws, rules and regulations.   The commissioner may suspend participation of a grantee in this program based on that grantee’s lack of compliance, as noted above, so long as any eligible tenant is not seriously harmed by such suspension.  “Seriously harmed” for purposes of this section shall mean that an eligible tenant would be required to pay in excess of thirty five percent (35%) of his/her adjusted gross monthly income for rent, less a utility allowance (if applicable).

 

Effective July 3, 2008                                          Return to top

 

 

Section 8-119kk-4. Grantee and Tenant Eligibility and Selection

 

(a)  The commissioner shall select a grantee to participate in the program based on criteria that shall include but not be limited to the following:

          (1) Demonstration of the need for rental assistance;

(2) Demonstration that the grantee has an approved management plan for the period;

          (3) Demonstration that the grantee is in good standing with the department;

(4) The apparent capability of the grantee to manage the project in a decent, safe and fiscally prudent manner; and

(5) The availability of funds from sources other than the program established by section 8-119kk of the Connecticut General Statutes.

(b)  A tenant is eligible to receive rental assistance as part of the program if the tenant:

(1)   Is current on his/her annual recertification of income; and

(2)   Pays more than thirty percent (30%) of his/her adjusted gross income for rent, less a utility allowance.

(c)  Any rental assistance provided under this subsection shall be provided to the grantee to make one or more dwelling units affordable to low income households residing in state financed elderly housing.  These units shall continue for the term of the assistance agreement entered into between the department and the grantee, so long as funds are available for such purposes.

 

Effective July 3, 2008                                          Return to top

 

 

Section 8-119kk-5. Rental Assistance Computation

 

(a)  The tenant contribution shall be thirty percent (30%) of the tenant's adjusted gross monthly income less a utility allowance, if applicable.  The amount of rental assistance shall be the difference between the tenant contribution and the base rent for housing projects subject to the provisions of Sections 8-112a to 8-119c, inclusive, of the Connecticut General Statutes.

(b)  The maximum allowable rent for an eligible elderly housing project shall be established by the commissioner, or his agent, in such a manner that the grantee shall manage and operate the elderly housing project at the lowest possible rate consistent with the production of revenues, which, together with all other available money, revenues, income and receipts from whatever sources derived, will be sufficient to pay for the operation or management plan for such project or projects, which shall be adequate for debt service on any notes or bonds issued for such development cost, administration, including a State service charge as established by the commissioner, other operating costs and establishment of reasonable reserves for repairs, maintenance and replacements, vacancy and collection losses.  This maximum rental charge shall be determined through the review and approval of an annual operating budget and management plan by the commissioner, or his agent.

 

Effective July 3, 2008                                         Return to top

 

 

Section 8-119kk-6. Recertification of Household Income

 

(a)  The grantee shall conduct a re-examination of household income and composition annually.  The grantee shall adjust the amount of each household's assistance payment at the time of the effective date of the annual recertification to reflect changes in the household’s adjusted gross income.

(b)  During the term of the household's rental agreement, the household may request a redetermination of its contribution because of significant changes in its adjusted gross income and the household is required to report substantial changes in income or any change in household composition to the grantee.

 

Effective July 3, 2008                                         Return to top

 

 

Section 8-119kk-7.  Disbursement of Funds

 

(a)  The grantee shall administer the funds in accordance with the provisions of Section 8-115a of the Connecticut General Statutes and shall maintain complete and accurate books and records in accordance with the department’s housing and accounting manuals.

(b)  Rental assistance payments shall be paid to the grantee by the department.  These payments shall cover the difference between base rent and the portion of the rent payable by the households, as submitted on Exhibit A to the assistance agreement.

           

(c) Payments shall be made twice a year, upon submission by the grantee and approval by the department of a request for payment in a form and manner acceptable to the department.

 

Effective July 3, 2008                                          Return to top

 

 

Section 8-119kk-8.  Reporting Requirements and Audits

 

(a)  The grantee shall submit periodic financial and program reports to the department in accordance with the terms specified in its contractual agreement with the department.

(b) The grantee shall be subject to audit of all books and records related to the program established by section 8-119kk of the Connecticut General Statutes. 

(c) The grantee subject to a federal and/or state single audit shall have an audit performed of its account annually.  The audit shall be in accordance with the department's audit guide and the requirements established by federal law and state statute.  If the grantee is not subject to a federal and/or state single audit, it shall be subject to a project specific audit of its accounts within ninety (90) days of the completion of the project or at such times as required by the commissioner.  Such audit shall be in accordance with the department's audit guide.  An independent public accountant as defined by generally accepted government-auditing standards (GAGAS) shall conduct the audits.  At the discretion and with the approval of the commissioner, examiners from the department may conduct project specific audits.

 

Effective July 3, 2008                                         Return to top

 

 

 

Sec. 8-119t-1. Definitions

The following Definitions apply to Section 8-119t-1 through 8-119t-8 of the Regulations of Connecticut State Agencies:

(1) "Commissioner" means the Commissioner of Economic and Community Development.

(2) "Comprehensive Housing Affordability Strategy" means the planning document described in 42 United States Code Section 12705 or the planning document of general applicability in the State with respect to housing and community development which is determined by the Commissioner to constitute the successor to the planning document described in 42 United States Section 12705.

(3) "Department" means the Department of Economic and Community Development.

(4) "Financial assistance" means grants provided to statewide, private, nonprofit housing development corporations pursuant to Section 8-119t of the Connecticut General Statutes.

(5) "Handicapped and developmentally disabled persons" means any persons who are physically or mentally handicapped including but not limited to, mentally retarded, physically disabled, sensory impaired and autistic persons.

(6) "Low and moderate income" means persons whose income does not exceed one hundred percent (100%) of the area median income, adjusted for family size, as determined from time to time by the United States Department of Housing and Urban Development.

(7) "Nonprofit housing development corporation" means a nonprofit corporation that may conduct business statewide, incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership or operation of housing and having articles of incorporation approved by the Commissioner.

Effective February 9, 1996                                Return to top


 

Sec. 8-119t-2. Program description

(a) The Commissioner may enter into a contract with an eligible statewide, private nonprofit housing development corporation for financial assistance in the form of a grant to facilitate the development of small non-institutionalized living units for low and moderate income handicapped and developmentally disabled persons.

(b) The Commissioner may waive any nonstatutory requirements imposed by Section 8-119t-1 to Section 8-119t-8, inclusive, of these regulations. Requests for a waiver shall be in writing, addressed to the commissioner. Such waiver may only be granted with sufficient evidence that:

(1) the literal enforcement of such provision or provisions provide for exceptional difficulty or unusual hardship not caused by the recipient;

(2) the benefit to be gained by waiver of the provision or provisions is clearly outweighed by the detriment which shall result from enforcement;

(3) the waiver is in harmony with conserving public health, safety and welfare; and

(4) the waiver is in the best interest of the state.

Effective February 9, 1996                                Return to top

 

Sec. 8-119t-3. Eligible developers

A nonprofit housing development corporation shall:

(1) Submit an endorsed certificate of incorporation certified by the Secretary of State, which includes the articles of incorporation, that state that it is organized and operating to expand independent living opportunities for low and moderate income handicapped and developmentally disabled persons;

(2) Submit a certificate of good standing certified by the Secretary of State;

(3) Submit a list of independent living housing projects which it has developed, owned or managed;

(4) Submit a statement authorizing the Commissioner to apply for a credit report; and

(5) Inform the Department, in writing, of the corporation's principal place of business.

Effective February 9, 1996                                Return to top


 

Sec. 8-119t-4. Eligible activities

The Commissioner is authorized to extend financial assistance in the form of a grant to eligible statewide nonprofit housing development corporations for administrative expenses and technical assistance, including but not limited to:

(1) preproject development costs, costs associated with the preparation of applications for federal funds, site acquisition and architectural review costs;

(2) general operating expenses including rent, utilities, supplies, telephone, postage, printing, travel and insurance;

(3) benefits and salaries of the nonprofit corporation's staff;

(4) the provision of technical assistance services to developers involved in the development of housing for low and moderate income handicapped and developmentally disabled persons;

(5) other personal and consulting services related to the acquisition, construction and/or rehabilitation of housing for handicapped and developmentally disabled persons; and

(6) community outreach.

Effective February 9, 1996                                Return to top


 

Sec. 8-119t-5. Application process

(a) The Commissioner may solicit or accept applications for financial assistance from eligible statewide nonprofit housing development corporations.

(b) As part of the application and approval process, the statewide nonprofit housing development corporation shall be required to furnish the following:

(1) Certification of the nonprofit corporation's eligibility, as defined in Section 8-119t-2 of the regulations of Connecticut State Agencies;

(2) A copy of the nonprofit housing development corporation's budget listing all revenue by source, as well as expenses to be supported by the proposed grant; and

(3) A description and timetable of the nonprofit corporation's present and projected activities involving the project to be undertaken.

(c) Applications shall be evaluated and approved or rejected by the Commissioner based on the following rating and ranking criteria:

(1) Sponsor Capacity - Maximum 60 points

Includes but is not limited to: the nonprofit corporation's past performance in developing, completing, or managing, affordable independent living housing developments; its past performance under other Department of Housing or Connecticut Housing Finance Authority programs; its administrative and financial capacity; and leveraging of other federal or state funds.

(2) Project Capacity - Maximum 40 points

Includes but is not limited to: conformance with any needs identified in the State's Comprehensive Housing Affordability Strategy.

(d) The minimum threshold points that an applicant shall have to be considered for funding is fifty (50). Funding shall be provided based on the highest ranking and working downward until applications requesting financial assistance equal the amount of funds available. If more than one application receives the same score the remaining available funds shall be equally divided between or among the applicants.

(d) The Commissioner may, from time to time, request additional information from the statewide nonprofit housing development corporation.

Effective February 9, 1996                                Return to top


 

Sec. 8-119t-6. Contract for financial assistance

(a) Following approval of an application by the Commissioner, the State, acting by and through the Commissioner, may enter into a contract with a statewide nonprofit housing development corporation for financial assistance.

(b) Such contract shall include, but not be limited to, the amount of the grant to be provided, the term of the contract and the rights and obligations of the parties under the contract.

Effective February 9, 1996                                Return to top


 

Sec. 8-119t-7. Reporting and access to records

(a) A statewide nonprofit housing development corporation shall maintain complete and accurate records, in accordance with the latest procedures approved by the Commissioner.

(b) A statewide nonprofit housing development corporation shall furnish the Commissioner with financial statements and other reports relating to the development and operation of the project as well as information regarding the households being served, in such detail, and at such times, as the Commissioner may require.

(c) A statewide nonprofit housing development corporation shall, annually, provide income and racial data on all households entering a housing development which results from the use of financial assistance provided under this program. Such data shall cover the period through September thirtieth and shall be provided on all households entering a housing development and those occupying the development during the year or as determined by the Commissioner.

Effective February 9, 1996                                Return to top


 

Sec. 8-119t-8. Fiscal compliance and examination

A statewide nonprofit housing development corporation receiving financial assistance under this program shall be subject to an examination of all books and records related to the project. Examinations shall be performed by independent public accountants registered to practice in the State of Connecticut, or by qualified department personnel. All examinations shall be performed in accordance with procedures established by the Department.

Effective February 9, 1996                                Return to top

Sec. 8-169w-1. Definitions

(a) "Abandoned Property" means any real property on which there is a vacant structure and on which (1) real property taxes have been delinquent for one year or more and orders have been issued by the municipality's fire official, building official or health official and there has been no compliance with those orders within the prescribed time given by such official or within ninety days, whichever is longer, or (2) the owner has declared in writing to the building official that his property is abandoned.

(b) "Commissioner" means the Commissioner of Housing.

(c) "Community Housing Development Corporation" means a nonprofit corporation organized pursuant to the requirements of Chapter 600 and Section 8-217 of the Connecticut General Statutes and whose articles of incorporation have been approved by the Commissioner.

(d) "Department" means the Department of Housing.

(e) "Eligible Properties" means any real property which an urban homesteading agency has acquired pursuant to Section 8-169r or Section 8-169v of the Connecticut General Statutes and which meets all the criteria to receive financial assistance from the Urban Homesteading Fund.

(f) "Family" means a household consisting of one or more persons.

(g) "Financial Assistance" means grants or loans of any combination thereof as authorized and defined by Sections 8-169u and 8-169w of the Connecticut General Statutes.

(h) "Interim loan" means a loan which provides funds necessary to develop a project at an interest rate to be determined in accordance with subsection (t) of Section 3-20 of the Connecticut General Statutes and which is due and payable following the cost certification of the project.

(i) "Low and Moderate Income Families" means families or individuals who lack the amount of income necessary to rent or purchase decent, safe and sanitary housing without financial assistance, as determined by the Commissioner.

(j) "Mortgage" means a written instrument in which real estate is used as security for repayment of a debt or obligation.

(k) "Municipality" means city, town, or borough.

(l) "Nonprofit Corporation" means a nonprofit corporation which has incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the construction, rehabilitation, ownership, or operation of housing and having its articles of incorporation approved by the Commissioner.

(m) "Permanent loan" means a loan for a term not to exceed thirty years, in an amount which does not exceed the certified development cost of the project and at an interest rate to be determined in accordance with subsection (t) of Section 3-20 of the Connecticut General Statutes.

(n) "Urban Homesteader" or "Homesteader" means any person, firm, partnership, corporation or other legal entity to which urban homesteading property is conveyed.

(o) "Urban Homesteading Agency" means the agency designated by the legislative body of a municipality pursuant to Section 8-169q of the Connecticut General Statutes.

(p) "Urban Homesteading Fund" means the fund established to make grants and loans pursuant to Section 8-169w of the Connecticut General Statutes.

(q) "Urban Homesteading Project" or "Project" means any work or undertaking to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for families of low and moderate income. Such work or undertaking may include planning of buildings and improvements, acquisition of property, demolition of existing structures, construction, re-construction, alteration and repair and all work in connection therewith.

(r) "Urban Homestead Property" means any real property for use in the Urban Homesteading Program which an urban homesteader has acquired either through Section 8-169s of the Connecticut General Statutes or real property to which the urban homesteader has title.

Effective March 28, 1989                                Return to top


 

Sec. 8-169w-2. Program description

(a) The Urban Homesteading Program is designed to provide the following: low interest loans to urban homesteaders for the purchase and rehabilitation of or construction on urban homestead property; and grants to the community housing development corporation chartered under Section 8-218f of the Connecticut General Statutes for the purchase and rehabilitation of or construction on urban homestead property.

(b) The purpose of this program is to return as many vacant and abandoned properties as possible to the supply of maintained, taxable residential properties as well as to provide home ownership opportunities for low and moderate income families and to make public investments in urban neighborhoods to preserve and stabilize them.

(c) Organizations shall be required to comply with all rules and orders that may be promulgated from time to time by the Commissioner and consistent with the Connecticut General Statutes for the development and management of urban homesteading projects.

Effective March 28, 1989                                Return to top


 

Sec. 8-169w-3. Eligibility

(a) Organizations

Organizations eligible to receive assistance under the Urban Homesteading Program include urban homesteading agencies, the community housing development corporation chartered under Section 8-218f o the Connecticut General Statutes, and any nonprofit corporation incorporated pursuant to Chapter 600 of the General Statutes, having as one of its purposes the construction, rehabilitation, ownership or operation of housing and having articles of incorporation approved by the Commissioner, which is an urban homesteader as defined in Section 8-169w-1 (n) above.

(b) Property

Urban homestead property can be utilized by urban homesteaders and the community housing development corporation chartered under Section 8-218f of the Connecticut General Statutes for the following purposes:

(1) abandoned property may be used for rehabilitation activities;

(2) vacant municipally owned property may be used for construction activities.

(c) Urban Homesteaders

(1) Selection

The urban homesteading agency shall select from among applicants for urban homestead property those applicants who, in determination of the agency, can acquire the necessary financial and technical resources to rehabilitate or construct, own and manage urban homestead program property. Such property shall be offered to such qualified applicants in accordance with the following priorities:

(A) Persons displaced by governmental activities declaring in writing their intent to occupy the property for a period of not less than two years;

(B) low and moderate income families declaring in writing their intent to occupy the property for a period of not less than two years;

(C) families or persons declaring in writing their intent to occupy the property for a period of not less than two years;

(D) nonprofit community housing development corporations;

(E) any other qualified applicant, provided the urban homesteading agency has certified that no qualified urban homesteaders of higher priority have applied.

(2) Initial Occupancy

Initial occupancy income limits for homesteaders who are of low and moderate income shall not be in excess of 96% of the median income in the applicable Standard Metropolitan Statistical Area as published by the U.S. Department of Housing and Urban Development.

Effective March 28, 1989                                Return to top


 

Sec. 8-169w-4. Application process

(a) Application Submission Procedures/Requirements

(1) The Commissioner may solicit and/or accept applications for financial assistance for urban homesteading projects from eligible organizations as defined in Section 8-169w-3 (a) of these regulations.

(2) As part of the application and project approval process, applicants shall be required to furnish the following:

(A) Evidence of the organization's eligibility: for urban homesteading agencies, designation by the local legislative body of the municipality that is certified on an annual basis;

(B) Evidence of housing need and marketability;

(C) Proposed location;

(D) Evidence of site control;

(E) Evidence that local site plan approval has been obtained;

(F) Evidence of local support and commitment for funding from other sources;

(G) Evidence that the project is designed in compliance with criteria promulgated by the Commissioner;

(H) Evidence of the eligible organization's ability to provide or obtain technical assistance before and during the rehabilitation or construction process regarding property management, record keeping, property maintenance or any other area necessary to ensure the success of each homesteading project;

(I) Evidence of general administrative capability to operate the program;

(J) An estimate of the cost of the project;

(K) Preliminary architectural plans and drawings for new construction or substantial rehabilitation;

(L) Architect's contract;

(M) Evidence of planning and zoning commission approval;

(N) Income eligibility standards for homesteaders.

(3) The Commissioner may, from time to time, require additional information of the applicant.

(b) Criteria for Selection

Projects shall be accepted or rejected by the Commissioner based on the factors listed in Section 8-169w-4 (a), above, the availability of financial assistance, and the following:

(A) Any needs outlined in the five year housing advisory plan;

(B) Local housing assistance plans, if in existence;

(C) Any other statistical data on housing need and marketability for the area of the proposed site as available;

(D) Suitability of the proposed site and project;

(E) The apparent capability of the applicant to plan, complete and manage the project.

(c) If a project is rejected, the applicant shall be notified in writing of the reasons for the rejection.

(d) If accepted, the Commissioner shall notify the applicant that the project may proceed and inform the applicant of the contents and terms of the contract for state financial assistance to be entered into with the applicant.

Effective March 28, 1989                                Return to top


 

Sec. 8-169w-5. Contract for financial assistance

(a) Bond Commission Approval

The Commissioner shall, from time to time, request approval of state financial assistance in the form of loans or grants or any combination thereof from the State Bond Commission.

(b) Contract Requirements

(1) Following preliminary approval by the State Bond Commission pursuant to the provisions of Section 3-20 of the Connecticut General Statutes, the state, acting by and through the Commissioner, may enter into a contract or contracts with an eligible organization for financial assistance for a project or projects in the form of loans or grants or any combination thereof in an amount not in excess of the development cost of the project or projects as approved by the Commissioner.

(2) Such contract shall include, but not be limited to, the following: affirmative action requirements, the amount of financial assistance to be provided, the term of the contract, and the rights and obligations of the parties under the contract or contracts.

Effective March 28, 1989                                Return to top


 

Sec. 8-169w-6. Use of funds

(a) Loan Procedures

Funds will be provided to eligible organizations to aid these organizations in providing loans to urban homesteaders for the purchase and rehabilitation of or construction on urban homestead property.

(1) Underwriting Criteria

The Commissioner may authorize loans made by urban homesteading agencies to eligible urban homesteaders. In determining eligible homesteaders, not more than 38% of gross monthly income should be applied to all mortgages, taxes, homeowners insurance and all countable obligations. Countable obligations will include all installment debts and credit union loans for over 8 months from date of closing in addition to court ordered child support payments. Five percent (5%) of all monthly short term debt or revolving credit shall be counted. All credit reports should be current at time of application. Written explanations for previous poor credit and/or bankruptcies must be included with the loan application.

(2) Interest Rate

Interest rates will be determined by the Commissioner based on the homesteader's income, the amount needed to rehabilitate or construct on the eligible property, and the potential rental income derived from the rehabilitated or constructed property, with the goal of keeping housing related expenses at or below the percentage of the borrower's gross monthly income as specified in Section 8-169w-6 (a) (1) of these regulations. The commissioner shall collect interest on each loan extended under this section at a rate to be determined in accordance with subsection (t) of Section 3-20 of the Connecticut General Statutes.

(3) Eligible Costs

Loans shall be made from the Urban Homesteading Fund for the purchase, rehabilitation of or construction on eligible urban homesteading properties.

Eligible costs included in the loan are those acquisition, rehabilitation or construction costs determined eligible and approved by the Commissioner. Eligible costs may also include: appraisal fees; building permits; costs of processing and settling the loan; architectural, engineering or related professional services if required to bring the structures up to code standards and construction costs. The cost of general property improvements may be included in the loan if they are:

(A) necessary to put the property in a generally good and readily maintainable condition;

(B) they do not exceed 20% of the total cost of rehabilitation; and

(C) the minimum improvements required to meet code standards are satisfied first.

A portion of the Urban Homesteading fund may be used by the Commisioner for necessary costs of administering this program.

(4) Appraisals

Appraisals shall be made on the after-rehabilitation or completed value of the property. Total indebtedness of the property shall not exceed 97% of the after-rehabilitated or constructed value.

(5) Terms of Loan

The Commissioner may make interim loans, and/or permanent loans from the fund. The term of the interim loan shall not exceed one year. However, in the event that it is determined and can be demonstrated by the recipient organization that the best interests of the project will be served by extending this one year period, such an extension may be requested by the recipient organization, and may be granted by the Commissioner. The term of the permanent loan shall not exceed twenty years, unless it can be demonstrated by the recipient organization that the best interests of the project will be served by a term of no more than thirty years, subject to approval of the Commissioner.

(6) Security Requirements

All loans made by the Commissioner from the Urban Homestead. Fund shall be secured by a first or second mortgage on the urban homesteading property which will be held by the Commissioner of Housing. A third mortgage may be granted by the Commissioner by special request and upon his approval.

(7) Default and Remedy Provisions

In the event of default, the Commissioner may foreclose on the property or take any steps necessary to protect the financial interest of the State.

(b) Grant Procedures

Financial assistance may be provided to all urban homesteading agencies in order to provide grants to the community housing development corporation chartered under Section 8-218f of the Connecticut General Statutes, for the purchase and rehabilitation of or construction. on urban homestead program property.

(1) Eligible Costs

Grants may be made from the Urban Homesteading Fund for the purchase, rehabilitation of or construction on eligible property. Eligible costs included are those acquisition, rehabilitation or construction costs determined eligible and approved by the Commissioner. Eligible costs may include appraisal fees; building permits; administrative costs; and architectural, engineering or related professional services, if required to bring the structures up to code standards; and construction costs. The cost of general property improvements may be included if they are:

(A) necessary to put the property in a generally good and readily maintainable condition;

(B) they do not exceed 20% of the total cost of rehabilitation or construction; and

(C) the minimum improvements required to meet code standards are satisfied first.

A portion of the Urban Homesteading fund may be used by the Commissioner for necessary costs of administering this program.

(2) Security Requirements

All contracts for state financial assistance entered into pursuant to Section 8-169w of the Connecticut General Statutes shall provide that the recipient organization repay the grant if the property for which financial assistance is provided is no longer used for the purposes intended. The Department shall cause to be filed a lien on the property for which financial assistance is to be provided.

Effective March 28, 1989                                Return to top


 

Sec. 8-169w-7. Repealed, March 28, 1989.

As noted above.                                             Return to top

 


Sec. 8-169w-8. Financial reporting and access to records

(a) Record Keeping

Each organization shall maintain complete and accurate books and records, insofar as they pertain to state urban homesteading projects, and they shall be set up and maintained in accordance with the latest manual approved by the Commissioner.

(b) Financial Statements

Each organization shall furnish the Commissioner with financial statements and other reports relating to the development and operation of the project in such detail and at such times as he may require.

(c) Access to Records
At any time during regular business hours, and as often as the Commissioner may require, the Commissioner or his representatives shall be entitled to full and free access to the accounts, records and books of the organization relative to the project, said permission to include the right to make excerpts or transcripts from such accounts, records and books.

Effective June 30, 1987                                    Return to top


 

Sec. 8-169w-9. Fiscal compliance and examination

Organizations receiving financial assistance shall be subject to examination of all books and records related to the project. Examinations shall be performed by independent public accountants registered to practice in the State of Connecticut, or by qualified Department personnel. All examinations shall be in accordance with procedures established by the Department. An examination is to be completed as soon as possible following the completion of the project and at such other times as the Department may require.

Effective June 30, 1987                                    Return to top


 

Secs. 8-169w (c)-1--8-169w (c)-5. Repealed, June 30, 1987.

As noted above.                                             Return to top

Sec. 8-198-1. Definitions

(a) "Act" means Chapter 132 of the General Statutes, as amended.

(b) "Commissioner" means the Commissioner of Economic Development.

(c) "Department" means the Department of Economic Development.

(d) "Environmental Assessment" means "environmental assessment" as defined in Section 22a-1a-1 of the Regulations of Connecticut State Agencies.

(e) "Environmental Impact Evaluation" means "environmental impact evaluation" as defined in Section 22a-1a-1 of the Regulations of Connecticut State Agencies.

(f) "Finding of No Significant Impact" means "finding of no significant impact" as defined in Section 22a-1a-1 of the Regulations of Connecticut State Agencies.

(g) "Mini-Industrial Project" means a development project which primarily involves acquisition, rehabilitation, demolition, relocation or associated site improvements of real property in existing built-up areas.

(h) "Project Plan" means a detailed written document concerning a proposed development project.

(i) "Site Review" means the review process by which state agencies review the site for the proposed project and indicate state agency concerns relative to the site and whether the plan for the site may, or may not, be inimical to the planning program objectives of the specific agency. The site review shall be coordinated by the Office of Policy and Management. The Department will provide the Office of Policy and Management the information and material needed for the site review.

Effective January 27, 1983                                Return to top

 


Sec. 8-198-2. General eligibility requirements

(a) The Commissioner is authorized to make grants to eligible municipalities to carry out the provisions of the Act. In order to be eligible to receive grants, the municipality must have a planning commission.

(b) The municipality is authorized to designate by vote of its legislative body, the economic development commission or the redevelopment agency of the municipality or a non-profit development corporation as its development agency. The municipality may, with the approval of the Commissioner, designate a separate development agency for each development project it undertakes under the act.

Effective January 27, 1983                                Return to top


 

Sec. 8-198-3. Eligibility requirements for planning and special planning grants

Planning grants may be made to municipalities to facilitate the planning of development projects. Special planning grants may be made to municipalities to facilitate the planning of development projects that consist predominantly of industrial buildings which it is anticipated, within eighteen months, shall have more than fifty percent of the usable floor space unused or substantially underutilized and shall result in significant unemployment as a result of the vacating of floor space.

Effective March 5, 1986                                   Return to top


 

Sec. 8-198-4. Application procedure for planning and special planning grants

(a) The Commissioner shall require the submission of a pre--application to enable the Department to make a preliminary evaluation of the proposed development project. The specific submission requirements for the pre-application shall be determined by the Department. In order to effectively evaluate the proposed development project, the Department may conduct on-site inspections of the project area.

(b) The applicant's pre-application submission may be provided to appropriate state agencies for a site review. Upon completion of the site review, the applicant will be notified by the Department of the results of the site review and the Department's recommendation concerning the proposed planning project.

(c) Applications for planning or special planning grants shall be made on forms prescribed by the Department and available at its office on written request. The specific submission requirements for the application shall be determined by the Department.

(d) The applicant's application submission shall be provided to appropriate state agencies for a site review unless:

(1) the municipality entirely funds the planning of the development project;

(2) the application is for a mini-industrial project; or

(3) the applicant submitted a pre-application and it was reviewed by the appropriate state agencies.

Upon completion of the site review, the applicant will be notified by the Department of the results of the site review and the Department's recommendation concerning the proposed planning project.

(e) Upon approval of the application by the Department, an offer of grant funds is made by the Department, subject to authorization of funds by the State Bond Commission and execution of a Grant Assistance Agreement between the development agency and the Department.

Effective January 27, 1983                                Return to top


 

Sec. 8-198-5. Determination of the amount of funding for planning and special planning grants

(a) The maximum grant available to a non-distressed municipality for planning grants shall not exceed fifty percent of the estimated reasonable cost of such planning. The grant to a distressed municipality, as defined in Section 32-9p of the General Statutes, shall not exceed one hundred percent of the estimated reasonable cost of such planning, subject to a determination by the Commissioner that there is a substantial likelihood that the planned development project will be consummated. The reasonable cost of such planning is to be determined by the Commissioner. The municipal share of the planning or special planning grant may be paid in non cash contributions, the value of which are to be determined by the Commissioner.

(b) Eligible planning costs include:

(1) a feasibility study;

(2) a marketability study;

(3) a boundary survey;

(4) a topographical survey;

(5) test borings;

(6) a soil and site analysis;

(7) other planning and engineering required to prepare the elements of a project plan;

(8) title description and title search for all land parcels to be acquired for the project;

(9) real estate appraisals for all land parcels, structures, furniture, equipment and other improvements to be acquired or contributed to the project;

(10) options to purchase real property situated within the project area;

(11) a Statement of Minority Participation;

(12) administrative expenses;

(13) appraisal reviews required by the Department; and

(14) written documents as outlined in Sections 22a-1 to 22a-1h, inclusive, of the General Statutes and in the regulations adopted to implement said sections.

Interim and final audits are not eligible project costs

(c) In determining the specific amount of each planning grant or special planning grant, the Commissioner shall take into account the availability of funds in relation to the number of municipalities seeking funding as well as other criteria to best carry out the purposes of the Act.

Effective January 27, 1983                                Return to top


 

Sec. 8-198-6. Requirements for the adoption and approval of the project plan

(a) Upon commitment of planning or special planning grant funds, the development agency begins preparing the project plan for the development project. The required elements of the project plan are contained in Section 8-189 of the General Statutes.

(b) When the proposed project plan is completed and prior to approval by the development agency, the development agency shall send a number of copies, to be determined by the Department, to the Commissioner. The proposed project plan shall be reviewed by appropriate state agencies through a review process coordinated by the Office of Policy and Management using copies of the proposed project plan provided to the Office of Policy and Management by the Department. The appropriate state agencies shall make a determination that the proposed project plan is, or is not, inimical to the planning program objectives of the agencies. If a determination is made that the plan is inimical, the individual agency shall state its reasons for making this determination. Upon receipt of the remarks of the state agencies through the Office of Policy and Management, the Department shall transmit the remarks to the development agency. In a case of an inimical determination, the Department shall indicate to the development agency that the proposed project plan cannot be determined by the Department to be complete without resolution of the inimical determination.

(c) Prior to the approval of the plan by the development agency:

(1) The planning commission of the municipality, or a subgroup designated by the planning commission of the municipality, shall adopt a resolution stating that the project plan is in accord with the plan of development for the municipality.

(2) The regional planning agency, if any, or a subgroup designated by the regional planning agency, shall adopt a resolution stating that the project plan is in accord with the plan of development for the region in which the municipality is located. If the regional planning agency or the subgroup designated by the regional planning agency, fails to adopt such a resolution within thirty-five days of receipt of the project plan, it shall be presumed that the regional planning agency does not disapprove of the project plan.

(3) The development agency shall hold at least one public hearing on the project plan. A notice of the time, place and subject matter of the public hearing must be publicized in a newspaper of general circulation in the municipality. The publication of the notice of the public hearing shall not be made less than one week nor more than three weeks prior to the date set for the public hearing. One copy of the minutes of the public hearing shall be forwarded to the Department with a publisher's certificate of the notice of the hearing which appeared in the newspaper;

(d) Upon receipt of the results of the plan review from the Department and of actions required in subsection (c) of this section, the development agency shall approve the project plan by adopting a resolution that specifically approves the findings made in the project plan in accordance with Section 8-189 (k) of the General Statutes.

(e) The development agency shall then submit the approved plan to the legislative body of the municipality for its approval. The legislative body shall approve the plan through a resolution that shall specifically include the approval of the findings made in the plan in accordance with Section 8-189 (k) of the General Statutes.

(f) After approval of the project plan by the development agency and the legislative body of the municipality, the development agency shall submit the project plan, with certified copies of all resolutions, to the Commissioner requesting the Commissioner's approval of the project plan. Prior to the approval of the project plan by the Commissioner and concurrent with or prior to submittal of the project plan to the Commissioner:
(1) The Development agency shall submit evidence to the Commissioner that it has complied with Sections 22a-105 through 22a-109 of the General Statutes if the proposed development project is located within the coastal boundary and landward of the mean highwater mark in coastal areas, as defined in Sections 22a-93 and 22a-94 of the General Statutes;
(2) The Department shall undertake an environmental assessment, using the criteria set forth in the regulations adopted to implement the provisions of sections 22a-1a to 22a-1f, inclusive, of the General Statutes, to determine whether an environmental impact evaluation or a finding of no significant impact is needed. After such determination, the Commissioner shall request the development agency to prepare the required written documents in conformance with Sections 22a-1a to 22a-1f, inclusive, of the General Statutes and the regulations adopted to implement said sections;
(3) The development agency shall prepare a Statement of Minority Participation and submit it to the Commissioner and to the Commission on Human Rights and Opportunities. The Statement of Minority Participation shall include goals and timetables as well as other information determined by the Commissioner to ensure that minority groups, persons, women, and the handicapped will benefit from the development project.

Effective January 27, 1983                                 Return to top


 

Sec. 8-198-7. Modification of the project plan

The development agency may modify a project plan at anytime, provided that:

(a) If the modification is minor, the development agency shall approve the modified project plan by adopting a resolution that specifically approves the findings made in the modified project plan in accordance with section 8-189 (k) of the General Statutes;

(b) If the modification is substantial and it is made before the Commissioner approves the project plan, the development shall hold a public hearing on the modified project plan and shall approve the modified project plan by adopting a resolution. The legislative body of the municipality shall approve the modified project plan by adopting a resolution. The resolutions adopted by the development agency and the legislative body of the municipality shall specifically approve the findings made in the modified project plan in accordance with section 8-189 (k) of the General Statutes;

(c) If the modification is substantial and it is made after the Commissioner approves the project plan, the modified project plan shall be adopted in the same manner as the project plan;

(d) If the project plan is modified after the sale or lease of real property in the development project area, the modification must be consented to by the lessees or purchasers of such real property or their successors in interest affected by the proposed modification.

Effective January 27, 1983                                 Return to top


 

Sec. 8-198-8. Eligibility requirements for development and special development grants

Any municipality which has completed a project plan or a redevelopment plan in accordance with Section 8-189 and 8-191 of the General Statutes and with these regulations, which has been approved by the Commissioner, is eligible to apply for a development or special development grant.

Effective January 27, 1983                                Return to top


 

Sec. 8-198-9. Application procedure for development and special development grants

Applications for development and special development grants shall be made on forms prescribed by the Department and available at its office on written request. Other specific submission requirements will be determined by the Department. Upon approval of the application by the Department, an offer of grant funds is made by the Department, subject to authorization of funds by the State Bond Commission and the execution of a Grant Assistance Agreement between the development agency and the Department.

Effective January 27, 1983                                Return to top


 

Sec. 8-198-10. Determination of the amount of funding for developmental grants

(a) The amount of funds available to a municipality for development grants is based on a percentage of the net project cost. The net project cost is the total project cost less the estimated income from the project. Eligible project costs include:

(1) real estate acquisition and disposition financing for a period;

(2) site clearance;

(3) site development;

(4) planning and engineering;

(5) administration of the project;

(6) interest costs for temporary and definitive financing for a period not to exceed five years on a principal amount not to exceed the required matching local share; and

(7) relocation.

The purchase of vehicles and interim and final audits are not eligible costs.

Interim audits are required every two years through the duration of the development project.

(b) The project income includes monies or the value of goods and services received from:

(1) the sale or lease of land;

(2) the temporary use of land, residences or businesses prior to their dispositions;

(3) the sale or lease of sand, gravel, or other earthen materials;

(4) the sale or lease of buildings, machinery, equipment or other materials of value, occupying land areas within the project area;

(5) other state grants;

(6) federal capital grants approved for a non-distressed municipality; and

(7) Interest income realized from the investment of project monies.

(c) The maximum development grant available to a non-distressed municipality shall not exceed fifty percent of the net project cost. The maximum development grant available to a distressed municipality, as defined in Section 32-9p of the General Statutes, shall not exceed sixty-five percent of the net project cost, Federal capital grants approved for the distressed municipality shall, to the extent permitted by federal law, be used to pay the distressed municipality's share of the net project cost. If the federal capital grant exceeds the distressed municipality's share of the net project cost, such excess shall be applied to reduce the development grant available to the distressed municipality. When two towns jointly initiate a development project, the maximum development grant shall not exceed seventy-five percent of the net project cost.

(d) In determining the amount of specific development grants, the Commissioner shall take into account the availability of grant funds, the municipality's need for a development project, and the likelihood that a particular project will advance the purposes of the Act.

Effective November 22, 1985                      Return to top


 

Sec. 8-198-11. Determination of the amount of funding for special development grants

(a) The maximum amount of funds available to a municipality for special development grants within an existing development project, is up to one hundred percent of the total cost of such special development activity. Eligible activities for special development grants within an existing development project include:

(1) site improvements;

(2) utility facilities;

(3) water facilities;

(4) road facilities;

(5) sewerage facilities;

(6) related engineering services; and

(7) relocation expenses to assist business and industrial firms to locate and construct buildings within development projects.

(b) The amount of funds available to a municipality for special development grants outside boundaries of an existing development project, shall not exceed one hundred percent of the total cost of such special development activity, subject to the requirement that such grant shall not exceed ten percent of the estimated physical development costs within the development project as last approved by the Commissioner. Eligible activities for special development grants shall include the planning, installation, construction, reconstruction and acquisition of rights of way for utilities, sewerage and water lines and systems, and necessary appurtenances up to the boundaries of the development project.

Effective January 27, 1983                                         Return to top

Sec. 8-203-1. Purpose and basic function

This regulation describes the department of community affairs, responsibilities of the commissioner and specific programs of the department. It also sets forth hearing and appeal procedures.

Effective August 28, 1975                                        Return to top


 

Sec. 8-203-2. Definitions

"Commissioner" means the commissioner of community "affairs.

"Governing body" means, for towns having a town council, the council; for other towns, the selectmen; for cities the common council or other similar body of officials; and for boroughs, the warden and burgesses.

"Municipality" means town, city or borough.

Effective August 28, 1975                                      Return to top

Sec. 8-203-3. Part I--General

(a) Organization description: The department of community affairs, which derives its duties and authority primarily from Chapter 133 of the General Statutes, is under the direction and supervision of a commissioner who shall organize the department into such bureaus as may be necessary for the efficient conduct of the department's business. There is an advisory council on community affairs, established according to the provisions of Section 8-204 of the general statutes, which consists of the commissioner of community affairs as chairman, ex officio, the director of the commission on human rights and opportunities, ex officio, and ten other members, appointed by the governor, who serve without compensation, except for reimbursement for necessary expenses incurred in performance of advisory council duties. The council consults with and advises the commissioner with respect to the affairs and problems of local government and other problems within the jurisdictional concern of the department, and conducts such studies of specific community problems as may be referred to the council by the governor, the general assembly or the commissioner.

(b) Transfer of certain duties to commissioner: All powers and duties previously delegated to the public works commissioner under the provisions of chapters 128, 129, and 130, were transferred to the commissioner.

All powers and duties previously delegated to the Connecticut development commission under the provisions of sections 8-124 to 8-154, inclusive, and sections 8-160 to 8-162, inclusive, were transferred to the commissioner.

All powers and duties previously delegated to the state office of economic opportunity were transferred to the commissioner, and the term, "director of the state office of economic opportunity" means the commissioner of community affairs.

(c) Duties and responsibilities of the commissioner: The commissioner administers and directs all operations of the department for the purpose of improving the quality of life in Connecticut municipalities. This includes provision of research, survey and planning, financial and technical assistance to municipalities and locally authorized agencies. Contractual agreements between the state and the grantee are mandatory for state financial assistance. Such financial assistance is subject to audit. Technical assistance may be granted upon written request to the commissioner by the Chief executive officer of the municipality or of an authorized grantee agency.

The commissioner is responsible for co-ordinating federal and state assistance in the solution of municipal problems and advising local agencies regarding federal, state and private assistance available from such sources. Ancillary thereto (Section 8-240) he serves as coordinator of the state interagency model cities committee and reports annually to the governor with regard to intergovernmental cooperation in carrying out the program of improving the quality of urban life.

The commissioner being authorized to accept federal funds made available for any purposes or related activities of Chapter 133, is responsible for insuring that such funds are administered in accordance with federal law and segregated from general funds of the state.

The commissioner is empowered under Section 8-227 to make and enforce regulations to effectuate the purposes for which the department was established and to allocate authorized assistance among municipalities on the basis of need to improve living conditions.

(d) Public inspection: Pursuant to Section 4-167 departmental regulations are on file in the offices of the commissioner, and are available for inspection during normal working hours.

Current organizational charts are maintained on file in the commissioner's offices for public inspection.

Effective August 28, 1975                                Return to top


 

Sec. 8-203-4. Part II--Description of grant programs

(a) Community Development Action Plan (CDAP)

Program Description: The CDAP provides an opportunity for Connecticut municipalities to examine needs and problems, and to schedule activities to meet these needs over at least a five-year period. Twelve community functions arc studied (education, housing, health, recreation, social services, economic development, public utilities and services, public protection, transportation and circulation, culture, interpersonal communications, and general municipal government) in terms of four aspects: physical, human resource, economic and administrative. The state may pay 75% of the cost of each CDAP, as approved by the commissioner. (Sec. 8-207), (Sec. 8-220 [c]).

Basic Eligibility: All municipalitics in Connccticut are eligible for the CDAP program.

Eligible Costs: May include, but are not limited to: rent and utilities, intra-state travel, consumable supplies, personnel, consultant costs, repairs and maintenance, insurance, interest and certain legal and accounting costs.

Local share may be provided in the form of cash or in-kind contribution, or a combination of the two. Local share may be provided from any source, public or private, organization or individual, except the following which are ineligible for inclusion in local share: (1) federal funds (2) items or services paid for by federal funds (3) funds from other state agencies (4) items or services paid for by other state agencies.

(b) Housing Code Enforcement

Program Description: The commissioner may provide a grant-in-aid to the municipality equal to two-thirds of the cost of the program, as approved by the commissioner, for two years after the execution of the assistance agreement, and equal to one-half of the cost of the program as approved by the commissioner for an additional period not to exceed three years. The department may provide a grant-in-aid equal to one-half of the amount by which the cost of a federally assisted housing code enforcement program, as approved by the commissioner, exceeds the federal grant-in-aid thereof, for a period not to exceed five (5) years.

Basic Eligibility: The municipality must have a housing code ordinance. If the program is a concentrated housing code enforcement program under the federal housing act of 1949, as amended, the municipality must have an approved contract with the federal department of housing and urban development.

Eligible Costs: May include, but are not limited to: rent, utilities, intra-state travel, consumable supplies, and personnel.

State funds may not be used to reduce the level of local expenditures previously made to the program.

(c) Demolition

Program Description: The commissioner may provide a grant-in-aid to a municipality equal to two-thirds of the net project cost of the demolition program, as approved by the commissioner. The commissioner may provide a grant-in-aid equal to one-half of the amount by which the net cost of a federally assisted demolition program, as approved by the commissioner, exceeds the federal grant-in-aid thereof, for those projects financed under the federal housing act of 1949, as amended. (Sec. 8-209).

Basic Eligibility: Any municipality with structures, that under state or local law, have been determined to be structurally unsound or unfit for human habitation and which the municipality has the authority to demolish, or any municipality that has entered into a demolition contract with the department of housing and urban development, is eligible.

Eligible Costs: May include, but are not limited to: administrative costs, demolition of structures and cost of clearing site, breaking up and removal of abandoned street paving, curbs, gutters and sidewalks, rough grading, rodent eradication, and the capping of public utilities.

(d) Urban Beautification:

Program Description: The commissioner may provide a grant-in-aid equal to one-half of the amount by which the net cost of a federally assisted program, as approved by the commissioner, exceeds the federal grant-in-aid thereof, for a program to expand community activities in the beautification and improvement of publicly owned and controlled land in urban areas. (Sec. 8-209 (b)).

Basic Eligibility: Any municipality with an approved contract with the department of housing and urban development under the housing and urban development act of 1965, as amended, is eligible for this program.

Eligible Costs: May include, but are not limited to, upgrading, development and beautification of waterfronts, streets, squares, parks, recreational areas and other public lands are eligible as per department of housing and urban development guidelines.

(e) Child Day Care and Neighborhood Facilities

Program Description: The commissioner may provide financial assistance for a project of development of neighborhood facilities and child day care facilities for carrying out programs of health, recreational, social or similar community services. The commissioner may provide a grant-in-aid equal to (1) two-thirds of the net project cost of the project, as approved by the commissioner, or (2) where the project is assisted by the federal department of housing and urban development, under the federal housing and urban development act of 1965, as amended, one-half of the amount by which the net cost of the project, as approved by the commissioner, exceeds the federal grant-in-aid thereof. (Sec. 8-210).

Basic Eligibility: The applicant must be a municipality, or a human resource development agency, as defined in Section 8-221 of the Connecticut General Statutes (P.A. 74-289). Where the project is assisted by the federal department of housing and urban development, the municipality must have an approved contract with that department.

(f)--(r) Repealed, April 21, 1986.

(s) Reserved.

(t) Repealed, see section 8-289-7.

(u) Purpose: These regulations describe the state emergency fuel assistance program to low income families not receiving state or local assistance pursuant to Public Act 78-184, 1978 session, Connecticut General Assembly.

1. All state funds allotted to the department of community affairs for the purposes set forth in Public Act 78-184, and these regulations, shall be granted to local human resource development agencies, as defined in section 8-221 CGS, (hereinafter referred to as "grantee(s)",) by the commissioner of community affairs, and. such funds shall be expended by such human resource development agencies in accordance with sections 2 through 9 inclusive, of these regulations.

2. For purposes of this section: a. "Low income family or household" means any person or related group of persons who live together whose income does not exceed 125% of the federal community services administration poverty guidelines for non-farm families, for the preceding twelve month period from date of application. More than one household may reside in a single family dwelling.

b. "Emergency" means any situation in which a low income family or household has an actual or threatened termination of any fuel, or is unable to obtain utility service, or is unable to locate a company willing to provide oil or gas.

c. "Fuel" or "utility service" means any fuel or utility used for heating, hot water, or electricity.

d. "Applicant" means any person inquiring about and/or filling out written application for emergency fuel assistance.

e. "Income" means gross earnings no higher than 125% of the prevailing federal community services administration poverty guidelines for a nonfarm family, except that earnings of minors in the household who are students at least part-time shall be excluded in the calculation of income.

3. State grants are available to all low income families and households except: a. Households receiving assistance under "aid to families with dependent children."

b. Households receiving assistance under "aid to families with dependent children--unemployed fathers."

c. Households receiving assistance through any state or municipal funded general assistance program.

4. State emergency fuel assistance grants to low income families or households shall not exceed the sum of one hundred dollars ($ 100.) during the fiscal year ending June 30, 1979, such grants shall be subject to the availability of funds appropriated for this purpose and shall be disbursed in the order the grantee agency receives the application.

5. Grantee distribution of such funds shall be under the following conditions when an emergency exists.

a. Eligible applicants will be first referred by the human resources development agency to any other agency conducting an emergency fuel assistance program for which the applicant appears to qualify and which has funds actually available for emergency fuel assistance.

b. Eligible applicants who cannot be referred will be assisted from any other funds available to grantees.

c. When all other possibilities have been exhausted, payments may be made from state appropriated emergency fuel assistance grant funds.

d. The grantee agency shall advise eligible applicants as to the best way to maximize the benefits available to that applicant by providing him/her with information on the amount of the maximum grant and how to obtain it. Grantee agency workers shall assist applicants in completing application forms and in locating translators for applicants who are not fluent in English.

e. The minimum oil delivery financed by state appropriated emergency fuel assistance grant funds will not normally be less than 150 gallons. Grantees may vary this requirement if warranted.

f. Emergency fuel assistance grants shall be by direct vendor payment.

g. In any case where a low income family or household has been found eligible for assistance and has been unable to obtain fuel delivery or reinstatement or provision of utility service or is threatened with a termination of service, the human resources development agency worker shall assist the eligible applicant by directly contacting a fuel company willing to make deliveries or the utility company involved, to notify the company of the vendor payment and to arrange for fuel delivery or reinstatement or provision of service or to avoid a threatened termination. Where appropriate, the worker shall assist the eligible applicant in working out an amortization agreement with the company on that portion of the applicant's bill which will not be covered by the grant.

6. Grantees must establish a separate bank account for each grant. Bank fund agreements are required for each account. Any interim measures available to grantees to finance payments from other sources, pending establishment of said new bank account(s), are authorized.

7. Weekly and cumulative reports from grantees are required during the effective dates of a grant program, and shall contain as a minimum the following information:

a. Number of households served.

b. Total funds expended from the grant fund and from all sources as of the reporting date.

c. Total funds remaining in the grant fund, and from all sources as of the reporting date.

d. Number of applicants found ineligible during the week, and how they were referred or otherwise assisted.

e. Comments including, specifically, information on abuses or gouging by any vendors.

8. At completion of the grant program, each grantee will submit, to the department of community affairs, a final financial report, and a final program report, summarizing all data that have been reported pursuant to the above listed required data.

9. The department of community affairs may develop and issue other administrative and programmatic instructions as required in order to execute this grant program.

(v) Repealed, January 6, 1987.

Effective December 17, 1981                                        Return to top


 

Sec. 8-203-5. Part III--Petitions, grievances, declaratory rulings, judicial review and notices

(a) Petition for oral hearing on regulations

1. The commissioner shall grant an informal oral hearing, pertaining to a substantive regulation, to a governmental subdivision or agency, or to an association having not less than 25 interested persons, if the hearing is requested in writing by not less than 25 persons. The oral hearing must be requested prior to the adoption, amendment or repeal of any substantive regulation.

2. The oral hearing shall afford all interested persons reasonable opportunity to submit data, views or arguments, orally and/or in writing, and the commissioner shall consider fully all written and oral submissions as they pertain to the proposed adoption, amendment or repeal of a substantive regulation.

3. Oral hearings shall be conducted by the commissioner, deputy commissioner, or such other persons as may be designated by the commissioner.

4. Oral hearings shall be informal and shall be held at such time and place as designated by the commissioner, and the time and place will be stated in the written notice of intended action.

5. No regulation may be adopted, amended or repealed by the department until it has been approved by the attorney general and by the standing legislative regulation review committee. The commissioner shall, upon written request of an interested person, issue a concise written statement stating the principal reasons for the action taken on the regulation in question. If, at the oral hearing, considerations were set forth urging the regulation not be adopted, the commissioner shall incorporate into the requested statement, reasons for overruling those considerations.

a. The interested person requesting a statement from the commissioner may submit the request in writing, at any time after the informal oral hearing, but not later than 30 calendar days after adoption of the regulations. The interested person shall identify his specific sphere of interest, and shall identify the specific regulation(s) about which he is requesting a statement.

b. The commissioner shall respond in writing to the request for statement within 60 working days of the adoption of the regulation in question.

(b) Petition for promulgation of regulations:

1. Any interested person may petition the department requesting the promulgation, amendment, or repeal of a regulation.

2. The petition may be submitted in the form of a normal business letter, directed to the commissioner and the petition shall be sent by registered or certified mail, return receipt requested.

The petition shall contain a minimum of the following data:

a. the specific Connecticut General Statute, to which the requested action(s) pertain(s).

b. the nature of the action requested; i.e. promulgation of a new regulation, or the amendment of, or repeal of, an existing regulation.

c. the petition shall contain the exact wording of the proposed action.

d. the letter of petition must delineate the specific rationale(s) for the requested action.

3. Upon receipt of a petition for promulgation of, amendment of, or repeal of, a regulation, the commissioner may initiate whatever action he deems necessary within his statutory purview, to investigate the circumstances leading up to such request. He may further request whatever further data and materials as he may require, from any source within his statutory purview, in order to make a judgment on the merits of the petition.

4. The commissioner may, within 30 working days of the receipt of the petition, either deny the petition in writing to the petitioner, or he may initiate regulation making proceedings.

a. If the commissioner denies the petition, he shall do so in writing to the petitioner, in a letter, stating his reasons for such action.

b. If the commissioner concurs with the request, or with any aspect of the request, he may institute whatever action he deems necessary to implement the request.

(c) Conduct of contested cases:

1. A heating in a contested case may be scheduled upon reasonable notice of the time, place and nature of said hearing. The notice shall include the following: (a) legal authority and jurisdiction for the hearing, (b) sections of the statute and uniform regulations involved, and (c) a clear and concise statement of the matters asserted.

2. All parties shall be afforded an opportunity to present evidence and argument.

3. Cases may be settled informally, or by consent, or by default.

4. Contested cases will be conducted in accordance with the requirements of the Uniform Administrative Procedures Act (Chapter 54, Connecticut General Statutes). Procedures set forth in the Connecticut Practice Book, as amended, may be followed but there shall be no obligation upon the department to hold preliminary hearings or proceedings with respect to any matter.

5. Hearings shall be conducted in accordance with the Uniform Procedures Act.

(d) Petition for reconsideration of final decision in a contested case:

1. A party aggrieved by a final decision of the department in a contested case may request a re-hearing of said decision, if the request is made within 30 calendar days after date of issuance of the final decision.

2. The petition for re-hearing may be in the form of a normal business letter and shall include a minimum of the following data: (a) the specific agency action which aggrieved the petitioner, (b) the specific manner in which the petitioner alleges to be aggrieved, (c) the specific action, or actions, which the petitioner is requesting the agency to take, to alleviate the grievance,

(d) a statement of the social, economic, fiscal and/or other impact on the aggrieved person, if the agency complied with the request of the petitioner,

(e) a statement of any new evidence to be introduced by the petitioner for consideration by the commissioner, (f) the petition for re-hearing must be signed by all of the aggrieved principals, or their authorized agents.

3. The commissioner shall either grant or deny a request for re-hearing within 30 calendar days of receipt of the written request. If the commissioner denies the request, he shall so state in writing to the petitioner, along with his reasons for the denial. If the commissioner grants the request for rehearing he shall issue a notice of hearing in accordance with the regulation on notices.

(e) Declaratory ruling. 1. The commissioner may render a declaratory ruling on the validity or applicability of any statutory provision, regulation or order of the department, if the statutory provision or regulation or order, or the threatened application thereof, interferes with or impairs, or threatens to interfere or impair, the legal rights or privileges of a complaining party.

2. Conditions: The commissioner will not render a declaratory ruling upon the complaint of any person: a. unless that person has a legal interest, by reason of danger or loss or uncertainty, under a statutory provision, regulation or order of the department; b. unless there is an actual bona fide and substantial question or issue in dispute, or substantial uncertainty of legal relations which requires settlement between the parties; c. unless all persons having an interest in the subject matter are parties to the request, or have been given reasonable notice thereof. d. where the commissioner shall be of the opinion that the parties should be left to seek redress by some other form of procedure.

3. A person may petition the department to pass on the validity or applicability of any statutory provision or regulation or order of the department which interferes with or impairs, or threatens to interfere with or impair his legal rights or privileges at any time during which the order or regulation is in effect, or threatens to come into effect.

4. The petition for a declaratory ruling shall be in the form of a pleading required in civil trials and shall include at least the following: a. the statutory provision or regulations or orders of the department which are involved. b. facts sufficient to show that the question is not moot, or hypothetical and that the petitioner is a proper party to raise the issue. c. facts necessary for the determination of the question; d. a clear and concise statement of the matters involved; e. a statement of all persons having an interest in the subject matter of the complaint, and a sworn statement that such persons have been given notice of the petition by registered or certified mail, return receipt requested.

5. Within thirty calendar days after the receipt of a petition for a declaratory ruling, the commissioner shall either grant or deny the request a. if the commissioner denies the request, he shall state so in writing to the interested parties along with his reasons for the denial. b. if the commissioner grants the request and if no parties, with an interest in the matter, request an oral hearing thereon, the commissioner may decide the matter on the basis of the written statements of the parties. In this case, the commissioner shall set a date for receipt of written statements from the parties, such date shall not be more than thirty (30) calendar days from the day after the commissioner grants the request. c. If the commissioner grants the request and if any of the interested parties request an oral hearing within two weeks of the granting of the request, the commissioner shall set a date for a hearing of the matter, such hearing is to be held within thirty (30) days of the granting of the request. The commissioner shall issue a written notice of the hearing to all interested parties at least twenty (20) calendar days prior to such hearing.

6. The commissioner shall issue his decision on any petition for a declaratory ruling within thirty (30) days of the receipt of the written statements of interested parties, or within thirty (30) days after the oral hearing on the matter. However, the commissioner may extend the date of his decision for good cause. The commissioner shall notify, either personally or in writing, all parties of record of his decision or order on a petition for a declaratory ruling. A copy of the decision or order shall be supplied to each party upon written request.

7. Conduct of Hearings on a Request for a Declaratory Ruling: a. All parties shall be afforded an opportunity to present evidence and argument. b. A record shall be made of all hearings for a declaratory ruling. This record shall include: 1. All petitions, motions and intermediary rulings. 2. Evidence received or considered. 3. Matters officially noticed. 4. Questions and offers of proof, objections and rulings thereon. 5. Proposed findings and exceptions. 6. Decision, ruling or report of the Commissioner. c. Oral hearings shall be conducted in accordance with the rules of evidence as applied to non-jury civil cases. 1. When necessary to ascertain facts not reasonably susceptible of proof under the rules of evidence for non-jury civil cases, evidence may be admitted at the discretion of the commissioner. 2. The rules of legal privilege shall be in effect. 3. Where not prejudicial to a party, any part of the evidence may be in written form. 4. Documentary evidence may be received in form of copies or excerpts. 5. A party may conduct cross-examination. 6. The commissioner may take administrative notice of technical and scientific facts within the department's specialized knowledge. d. The decision or order of the commissioner shall be in writing or stated in the record and shall include findings of fact and the reasons.for his decision. e. Community Affairs personnel assigned to a case shall not communicate with any party in connection with the petition except upon notice to all parties involved.

(f) Judicial review of administrative hearing:

A person who has exhausted administrative remedies available with the department, and who is aggrieved by a final decision of the commissioner is entitled to judicial review of the decision.

Proceedings for judicial review shall be instituted by filing a petition for review in the County wherein the aggrieved person resides, within thirty (30) days after mailing of notice of final decision. Copies of the petition must be served upon the commissioner and upon all parties of record.

Filing of the petition is not an automatic stay of execution of the department's decision.

Within thirty (30) days after the service of the petition, unless further time is granted by the review court, the department shall transmit to the reviewing court a certified copy of the entire record of the proceeding. The parties may, however, stipulate to a shortened record. The record may contain only such information as the parties may deem necessary, or as may be requested.

(g) Notices:

The department shall issue a written notice of intended action at least 20 calendar days prior to the adoption, amendment, or repeal of any regulation, to those persons who have requested the department to provide such advance notice.

The department will issue a written notice of hearing at least 20 calendar days prior to the start of an oral hearing.

The commissioner will notify, in writing, all parties in a contested case, of any scheduled hearing, at least 20 calendar days prior to such hearing.

The commissioner will notify, either personally or in writing, all interested parties, of any decision or order in a contested case upon written request. A copy of the decision or order shall be mailed to each party or his attorney of record.

Parties may be represented by counsel who have been duly admitted to practice and are currently authorized to practice before the Superior Court of the State of Connecticut.

Effective August 28, 1975                                Return to top

Sec. 8-206e-1. Definitions

(a) "Commissioner" means the Commissioner of Housing.

(b) "Department" means the Department of Housing.

(c) "Financial Assistance" means a grant-in-aid provided to a nonprofit corporation for expenses incurred in providing housing assistance and counseling services.

(d) "Housing Assistance and Counseling Services" means information provided by the Department of Housing or a nonprofit corporation to the public on the legal rights and obligations of landlords and tenants, the financing of owner-occupied and rental housing purchases, improvements and renovations, the availability of housing-related programs and services and mediation services to resolve disputes between landlords and tenants.

(e) "Nonprofit Corporation" means a nonprofit corporation incorporated pursuant to Chapter 600 of the Connecticut General Statutes, having as one of its purposes the provision of housing-related information and services.

Effective February 25, 1988                                Return to top

Sec. 8-206e-2. Program description

(a) The Commissioner is authorized to enter into a contract with a nonprofit corporation to provide financial assistance in the form of a grant-in-aid for expenses incurred in providing housing assistance and counseling services to the public.

(b) Services provided by the Department or a nonprofit corporation may include but not be limited to: information on the legal rights and obligations of landlords and tenants, the financing of owner-occupied and rental housing purchases, improvements and renovations, the availability of housing-related programs and services and mediation services to resolve disputes between landlords and tenants.

(c) Financial assistance provided to nonprofit corporations shall be used for expenses incurred in providing housing assistance and counseling services.
(d) Nonprofit corporations that receive funding under this program shall be required to comply with all rules and orders promulgated from time to time by the Commissioner and consistent with the Connecticut General Statutes for this program.

Effective February 25, 1988                                Return to top

Sec. 8-206e-3. Eligibility

A nonprofit corporation must:

(a) Certify that it is recognized as a tax exempt organization by the federal government or the State of Connecticut;

(b) Submit an endorsed certificate of incorporation certified by the Secretary of the State;

(c) Submit a certificate of good standing certified by the Secretary of the State;

(d) Inform the Department in writing of the corporation's principal place of business;

(e) Submit articles of incorporation or bylaws that state as one of its purposes the provision of housing-related information and services; and

(f) Submit a list of names, addresses and telephone numbers of its current directors or officers and statutory agent for service.

Effective February 25, 1988                                 Return to top

Sec. 8-206e-4. Application

(a) The Commissioner may solicit or accept applications for financial assistance from nonprofit corporations.

(b) As part of the application and approval process, the nonprofit corporation must furnish the following:

(1) Evidence of the nonprofit corporation's eligibility as defined in Section 3 above;

(2) Information on the nonprofit corporation's experience in providing the required services, including the background and training of staff;

(3) A copy of the nonprofit corporation's operating budget listing all revenue by source as well as expenses to be supported by the proposed grant; and,

(4) Evidence of continuing staff education.

(c) The Commissioner may, from time to time, request additional information from the nonprofit corporation.

(d) Applications shall be accepted or rejected by the Commissioner based on the factors listed in Sections 4 (a), 4 (b) and 4 (c) of these regulations, the availability of financial assistance, and the following:

(1) Any needs outlined in the Department's Five Year Housing Advisory Plan;

(2) Area of the State to be served; and,

(3) The apparent capability of the nonprofit corporation to administer a program of this type.

(e) If an application is rejected, the nonprofit corporation shall be notified in writing of the reasons for the rejection.

(f) If an application is approved, the Commissioner shall notify the nonprofit corporation that the program may proceed and inform the nonprofit corporation of the contents and terms of the contract for state financial assistance to be entered into with the nonprofit corporation.

Effective February 25, 1988                                Return to top

 


Sec. 8-206e-5. Eligible expenses

Nonprofit corporations may receive state financial assistance for the costs of providing housing assistance and counseling services including, but not limited to: (a) staff salaries, (b) the purchase of supplies, equipment and training materials, (c) printing and postage costs related to publications distributed at no cost to the public, (d) legal services related to mediation services for landlords and tenants, (e) rent and utilities including telephone, and (f) insurance.

Effective February 25, 1988                                Return to top

Sec. 8-206e-6. Financial reporting and access to records

(a) Each nonprofit corporation shall