The Affordable Housing Land Use Appeals Procedure Act

Click here to read the Partnership’s factsheets on the Affordable Housing Land Use Appeals Procedure Action (Section 8-30G).

WHAT IS THE AFFORDABLE HOUSING APPEALS PROCEDURE?

The Affordable Housing Land Use Appeals Procedure allows housing developers seeking to build housing with long-term affordability to low- and moderate-income households to challenge a town’s failure to approve the proposal even when it does not meet local zoning regulations. At least 30% of units in a “set-aside” development must be priced so that people earning less than 80% or 60% of the state or area median income won’t pay more than 30% of the applicable median
income.

The Appeals Procedure also applies to “assisted housing,” meaning any proposal that is supported by government funds, such as low-income housing tax credits, Department of Housing programs, and federal funding programs. Appeals under the Procedure place the burden of proof on the zoning commission. In its decision, the court must balance housing need against “any substantial public interests in health, safety, or other matters which the commission may legally consider

HOW HAS THE PROCEDURE WORKED SINCE ITS ENACTMENT?

More than 8,500 housing units with long-term affordability restrictions have been created through the Appeals Procedure since its enactment in 1990. There have been about 180 court decisions involving about 110 development proposals. In recent years, developers have prevailed in about 75% of the cases. Thirty-one municipalities are exempt from the Appeals Procedure.

Click here to read more about the Appeals Procedure, common myths, and information on how municipalities qualify for a moratorium.

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