Sec. 8-37r. Department of Economic and Community Development. Successor to Housing Department and the housing functions of the Department of Economic Development. (a) There shall be a Department of Economic and Community Development which shall be the lead agency for all matters relating to housing. The department head shall be the
Commissioner of Economic and Community Development, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties therein prescribed. Said commissioner shall be responsible at the state level for all aspects of policy, development, redevelopment, preservation, maintenance and improvement of housing and neighborhoods. Sec. 8-37s. Commissioner to monitor and report on housing needs. The Commissioner of Economic and Community Development shall monitor the progress of the public and private sector toward meeting housing needs and shall collect and annually publish data on housing production in the state. Such data shall be submitted to the Governor,
General Assembly and the Secretary of the Office of Policy and Management on or before March first of each year. In order to ensure a steady flow of information for the purposes of this section, all municipalities shall submit to the commissioner a copy of the monthly federal Bureau of the Census report on building permits issued and public construction filed at the same time as such report is
filed with the federal Bureau of the Census. Sec. 8-37t. Long-range state housing plan. Annual action plan. (a) Not later than January 1, 2000, and every five years thereafter, the Commissioner of Economic and Community Development together with the Connecticut Housing Finance Authority, shall prepare a long-range state housing plan, which shall conform and be subject to the plan
of conservation and development for the state adopted by the General Assembly. The plan shall: (1) Contain an assessment of the housing needs of households with incomes less than one hundred per cent of the average area median income, adjusted for family size, analyzed separately for households with incomes (A) less than twenty-five per cent of the area median income, (B) more than twenty-five
per cent but not more than fifty per cent of the area median income, (C) more than fifty per cent but not more than eighty per cent of the area median income, and (D) more than eighty per cent but not more than one hundred per cent of the area median income; (2) analyze the households served by the housing construction, substantial rehabilitation, purchase and rental assistance programs,
including the number of households served by each program, the total amount of financial assistance provided to such households and the race of households served under such programs; (3) provide information on affirmative fair housing marketing activities and programs and an analysis of occupancy results of affirmative fair housing marketing plans and shall include data on the racial composition
of the occupants and persons on the waiting list of each housing project which is assisted under any housing program established by the general statutes or special act or which is supervised by the commissioner or the Connecticut Housing Finance Authority; (4) set specific measurable goals for meeting identified housing needs; (5) outline strategies for meeting those goals; and (6) identify state,
federal and private sector resources for affordable housing programs. The provisions of this section shall not be construed to require an occupant or applicant to disclose the race of such occupant or applicant on an application or survey form. The long-range plan shall be updated annually by an action plan that assesses the state's progress toward meeting housing needs contained in the
long-range plan and recommends revised strategies, if deemed necessary. In preparing the long-range plan and subsequent action plans, the commissioner shall consult with representatives of those who use or benefit from state housing programs. Sec. 8-37u. Commissioner to coordinate housing policy and activities. Operating plan to be submitted and followed by the Connecticut Housing Finance Authority. (a) The Commissioner of Economic and Community Development shall work with regional planning agencies, regional councils of elected officials, regional councils of governments,
municipalities and municipal agencies, housing authorities and other appropriate agencies for the purpose of coordinating housing policy and housing activities, provided such coordination shall not be construed to restrict or diminish any power, right or authority granted to any municipality, agency, instrumentality, commission or any administrative or executive head thereof in accordance with
the other provisions of the general statutes to proceed with any programs, projects or activities. Sec. 8-37v. Research activities. The Commissioner of Economic and Community Development is authorized to undertake and carry out research activities, including, but not limited to, examination of housing needs and means of meeting those needs; investigation of techniques and opportunities for reducing housing costs, preserving
neighborhoods and reducing energy consumption; testing of innovative housing technologies; the use of mobile and modular housing; and such other activities as he deems necessary to aid the state, its municipalities and the housing industry in meeting housing and community development needs. Sec. 8-37w. Model ordinance and procedures for regulation of land development. (a) The Commissioner of Economic and Community Development shall develop and publish a model ordinance and model procedures which may be adopted by municipalities in regulating the development of land, which ordinance and procedures shall provide for: (1) The
utilization of a single consolidated application form for use by all municipal agencies having jurisdiction to review and approve such development; (2) coordination of staff review and communications between staff and the applicant; (3) the elimination of separate public hearings by review agencies whenever practicable and if requested by the applicant; and (4) the concurrent running of all
applicable time limits for decisions by approval agencies. Sec. 8-37x. Powers of Commissioner of Economic and Community Development. Housing authority purchases. Deferred payments of interest or principal. Regulations. (a) As used in this section, "authority" or "housing authority" means any of the public corporations created by section 8-40 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, and "housing project" means a project developed or administered pursuant to chapter 128. Sec. 8-37y. Powers of Commissioner of Economic and Community Development re state real property transferred to the Department of Economic and Community Development and surplus real property made available by the federal government. (a) The Commissioner of Economic and Community Development may, with the approval of the Commissioner of
Public Works, the Secretary of the Office of Policy and Management and the State Properties Review Board, sell, exchange, lease or enter into agreements concerning any real property, as defined in section 8-39, belonging to the state and transferred to the custody and control of the Department of Economic and Community Development under the provisions of subsection (b) of section 4b-21. The
commissioner shall require, as a condition of any sale, exchange, lease or agreement entered into pursuant to this section, that such real property be used only for an emergency shelter or transitional living facility for homeless persons or for the provision of low and moderate income housing, including, but not limited to, the construction, rehabilitation or renovation of housing for persons
and families of low and moderate income, except that such condition, in the discretion of the commissioner, may be subordinated in the case of a subsequent first mortgage or a requirement of a governmental program relating to such real property, and except that in the case of an exchange of real property, the commissioner (1) shall require that the parcel received by the commissioner, as a
condition of such exchange, shall be suitable 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 and (2) shall release any restrictions required to be imposed by this subsection on the parcel transferred by the commissioner. Prior to any such sale,
exchange, lease or agreement, the commissioner shall notify the chief executive officer or officers of the municipality or municipalities in which such real property is located. No such real property may be sold, exchanged or leased by the commissioner under this subsection without the approval of the municipality or municipalities in which the real property is located. Sec. 8-37z. Duties of Commissioner of Economic and Community Development re involuntary displacement of residents of single-family or multifamily dwellings. Regulations. (a) The Commissioner of Economic and Community Development shall ensure that the involuntary displacement of persons and families residing in any single-family or
multifamily dwelling, which displacement occurs in connection with any housing or community development project or economic development project receiving state financial assistance under any program administered by the commissioner under the general statutes, is reduced to the minimum level consistent with achieving the objectives of such program. The commissioner shall require, as a condition of
any contract for state financial assistance under the provisions of any such program, that the project for which such financial assistance is provided (1) will not cause the temporary or permanent displacement of persons and families residing in any single-family or multifamily dwelling or (2) will cause only the minimum level of such displacement which cannot be avoided due to the nature of the
project. The commissioner shall ensure that all steps necessary to provide any relocation assistance available under chapter 135 to persons and families unavoidably displaced as a result of any state assisted housing or community development project or economic development project have been taken before granting final approval of any financial assistance for such project. Sec. 8-37aa. Income-grouped housing: Definitions. As used in sections 8-37bb to 8-37dd, inclusive, "housing agency" means the Department of Economic and Community Development, the Connecticut Housing Finance Authority and the Connecticut Housing Authority, and "income group" means one of the following household groups, adjusted for
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 or less than the area median income; (2) households with incomes more than twenty-five per cent but not more than fifty per cent of the area median income; (3) households with incomes more than fifty per cent but
not more than eighty per cent of the area median income; (4) households with incomes more than eighty per cent but not more than one hundred per cent of the area median income and (5) households with incomes more than one hundred per cent of the area median income. Sec. 8-37bb. Annual report re fair housing choice and racial and economic integration. (a) On or before December 31, 1991, and annually thereafter, each housing agency shall submit to the General Assembly a report, for the year ending the preceding September thirtieth, which analyzes by income group, households served by its housing
construction, substantial rehabilitation, purchase and rental assistance programs. Each report submitted after December 31, 1991, shall analyze the households served under each program by race. The analysis shall provide information by housing development, if applicable, and by program. Each analysis shall include data for all households (1) entering an agency program during the year ending the
preceding September thirtieth and (2) in occupancy or receiving the benefits of an agency rental program the preceding September thirtieth. The report of the Connecticut Housing Finance Authority shall also identify, by census tract, the number of households served in each program and the total amount of financial assistance provided to such households. The provisions of this section shall not be
construed to preclude a housing agency from reporting additional information on programs it administers. Each report submitted under this section shall also analyze the efforts, and the results of such efforts, of each agency in promoting fair housing choice and racial and economic integration. The provisions of this section shall not be construed to require an occupant or applicant to disclose
his race on an application or survey form. The Department of Economic and Community Development shall be deemed to have complied with the requirements of this section upon submission by said department of the long-range state housing plan and annual update in accordance with section 8-37t, provided such plan and annual update contain the information required to be reported by this section. Sec. 8-37cc. Housing agencies to serve households with incomes less than fifty per cent of area median income and to promote fair housing choice and racial and economic integration. (a) Each housing agency, as defined in section 8-37aa, shall, within available resources and to the extent practicable, serve households with incomes less
than fifty per cent of the area median income, including households with incomes less than twenty-five per cent of the area median income. In administering its programs each housing agency shall attempt to serve households in the lower range of the income group for which the housing program was developed. Sec. 8-37dd. Retention of housing assisted by housing agencies. Not more than six months after July 1, 1990, each housing agency shall adopt written policies concerning the extent to which housing assisted by such agency shall be retained on a long-term basis for members of the income group for which the housing was developed. Sec. 8-37ee. Establishment of affirmative duty for entities participating in programs assisted or supervised by state housing agencies to promote fair housing. (a) Each entity participating in any program administered by a housing agency, as defined in section 8-37aa, under this title shall have an affirmative duty to promote fair
housing in each housing development that is assisted or supervised under any provision of this title. Secs. 8-37ff to 8-37ii. Reserved for future use. Sec. 8-37jj. Electric resistance as primary source of heat. (a) The Department of Economic and Community Development may not approve electric resistance as the primary heat source in new, subsidized housing except where justified by a life-cycle cost analysis whose methodology has been approved by the division of the Office of Policy
and Management responsible for energy matters. Sec. 8-37kk. Preference to loans for energy efficient projects. The Department of Economic and Community Development and the Connecticut Housing Finance Authority shall give preference to loans for energy efficient projects in all grant and loan programs. Sec. 8-37ll. Submission of residential antidisplacement and relocation assistance plan to the Commissioner of Economic and Community Development. Regulations. (a) No state financial assistance for any housing or community development project or economic development project shall be provided by the Commissioner of Economic and Community
Development under any program administered by the commissioner unless the commissioner has first approved a residential antidisplacement and relocation assistance plan submitted under subsection (b) of this section by the applicant seeking such financial assistance. The Commissioner of Economic and Community Development shall ensure that any such plan is properly implemented for each project for
which a plan is submitted. Secs. 8-37mm to 8-37pp. Reserved for future use. Sec. 8-37qq. Uses of funds for bond-financed state housing programs. (a) For the purposes of this section and sections 8-44a, 8-70, 8-78, 8-80, 8-114a, 8-117b, 8-119a, 8-119b, 8-119h, 8-119i, 8-119ee, 8-119hh, 8-119ii, 8-119jj, 8-169w, 8-214g, 8-216b, 8-218b, 8-219b, 8-387, 8-405, 8-410, 8-415, 8-420, 16a-40b, 16a-40j, and sections
8-430 to 8-438, inclusive, the following terms shall have the following meanings: Sec. 8-37rr. Definitions. As used in this section, sections 3-21b and 8-37ss and subsection (e) of section 8-80: Sec. 8-37ss. Housing funds consolidation. Procedures. (a) As of the consolidation date, the commissioner shall: (1) Calculate the net available balance of each prior bond fund and the Housing Repayment and Revolving Loan Fund; and (2) calculate the total of all net available balance deficits and the total of all net available balance
surpluses for all prior bond funds. Sec. 8-37tt. Regulations for calculation of administrative oversight charges. (a) As used in this section, "administrative oversight charge" means any fee payable to the Department of Economic and Community Development from sources other than (1) the proceeds from the sale of the state's general obligation bonds or (2) the housing
repayment and revolving loan program established pursuant to subsection (e) of section 8-37qq, that is imposed to pay all or a portion of the costs and expenses of the Department of Economic and Community Development in monitoring facilities developed with financial assistance pursuant to any bond-financed state housing program as defined in subsection (a) of said section 8-37qq, and ensuring
compliance with requirements and restrictions applicable to such facilities.
(b) Said department shall constitute a successor to the functions, powers and duties
of the Department of Economic Development relating to housing, community develop
ment, redevelopment and urban renewal as set forth in chapters 128, 129, 130, 135 and
136 in accordance with the provisions of sections 4-38d, 4-38e and 4-39.
(P.A. 79-598, S. 3, 27; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development.
See Sec. 8-206 re further powers and duties of the commissioner.
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(P.A. 79-598, S. 6; P.A. 82-69; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 99-94, S. 1.)
History: P.A. 82-69 required that municipal report on building permits and public construction be filed with commis
sioner; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Depart
ment of Economic and Community Development; P.A. 99-94 changed annual report from being based on housing needs
to consisting of data on housing production.
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(b) The Department of Economic and Community Development shall submit the
long-range housing plan to the General Assembly not later than January 1, 2000, and
each action plan not later than January first of each subsequent year, after receiving
public review and comment on the long-range plan and each action plan through written
remarks and public hearings. The commencement date of each plan shall be the July
first following the submission of the plan.
(P.A. 79-598, S. 7; P.A. 86-129, S. 1, 3; P.A. 90-257, S. 15, 17; P.A. 91-362, S. 4; P.A. 95-250, S. 1; P.A. 96-211, S.
1, 5, 6; P.A. 99-94, S. 2.)
History: P.A. 86-129 extended period for advisory plan from three years to five years and changed dates for submission
and commencement of plan; P.A. 90-257 organized the section into subsections and in new Subsec. (a) specified the content
of the plan and in new Subsec. (b) required that the plans be submitted in 1993, deleting obsolete reference to 1987; P.A.
91-362 amended Subsec. (a) by adding new Subdiv. (3) requiring that the report contain information on affirmative fair
marketing activities; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner
and Department of Economic and Community Development; P.A. 99-94 replaced five-year advisory plan with long-range
housing plan, expanded the contents of plan by requiring inclusion of data on households served, information on fair
housing marketing, specific goals and strategies to meet housing needs, and identification of resources for affordable
housing programs, and required submission of an annual action plan.
See chapter 134 (Sec. 8-241 et seq.) re the Connecticut Housing Finance Authority.
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(b) The Commissioner of Economic and Community Development shall coordinate
on an ongoing basis the activities and programs of state agencies or quasi-state authori
ties which have a major impact on the cost, production or availability of housing, pro
vided, such coordination shall not be construed to restrict or diminish any power, right
or authority granted to any such agency or authority, or of any administrative or executive
head thereof in accordance with the other provisions of the general statutes, to proceed
with any programs, projects or activities, except as specifically provided in this section.
(c) In order to facilitate such coordination, the Connecticut Housing Finance Au
thority shall submit annually to the Commissioner of Economic and Community Devel
opment a projected twelve-month operating plan. Said plan shall be prepared in a manner
so as to be consistent with the five-year plan referred to in section 8-37t as such plan is
then in effect. Said plan shall include such matters as the authority determines are neces
sary and shall include, but not be limited to, production targets under each multifamily
program of the authority, including targets for rental housing production for both elderly
and nonelderly families in a proportion consistent with housing needs estimated pursuant
to section 8-37t; proposed new and expanded programs; proposed outreach activities
to help serve areas of the state or segments of the population whose housing needs have
been particularly underserved, and estimated level of subsidy needed to support the
proposed level of production. The first such plan shall be submitted to the Commissioner
of Economic and Community Development prior to January 1, 1981, and subsequent
plans on each twelve-month anniversary thereof.
(d) In the event the commissioner determines that the Connecticut Housing Finance
Authority has not complied with the requirements of subsection (c) of this section, he
shall file a report with the Secretary of the Office of Policy and Management setting
forth the items of the plan which are inconsistent with the five-year plan and setting
forth those recommendations which in his opinion would result in such plan being con
sistent with the five-year plan. In the event that the Secretary of the Office of Policy
and Management concurs with the Commissioner of Economic and Community Devel
opment, he shall convene a panel of the Commissioner of Economic and Community
Development, the chairman of the Connecticut Housing Finance Authority and the Sec
retary of the Office of Policy and Management, which panel shall resolve the inconsis
tencies. Nothing contained in this section shall limit the right or obligation of the Con
necticut Housing Finance Authority to comply with the provisions of or covenants
contained in any contract with or for the benefit of the holders of any bonds, notes or
other obligations evidencing indebtedness of such authority.
(e) The Connecticut Housing Finance Authority shall, to the maximum extent prac
tical, conduct its business according to the plan approved by the commissioner.
(P.A. 79-598, S. 8; P.A. 86-129, S. 2, 3; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 86-129 amended Subsecs. (c) and (d) to extend period of plan from three years to five years; P.A. 95-
250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic
and Community Development.
See Sec. 4-124c et seq. re regional councils of elected officials.
See Sec. 4-124i et seq. re regional councils of governments.
See chapter 127 (Sec. 8-31 et seq.) re regional planning agencies.
See chapter 134 (Sec. 8-241 et seq.) re the Connecticut Housing Finance Authority.
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(P.A. 79-598, S. 9; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development.
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(b) The Commissioner of Economic and Community Development shall submit
any model ordinances or procedures developed pursuant to subsection (a) of this section
to the General Assembly for its approval prior to publishing or promulgating any such
ordinances or procedures.
(P.A. 81-233, S. 1, 2; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development.
(Return to TOC) (Return to Chapter) (Return to Titles)
(b) Without limiting any other powers of the Commissioner of Economic and Com
munity Development, he shall have power: (1) To collect and correlate information
regarding housing projects of authorities in the state and upon request to furnish the
authorities, in matters of common interest, information, advice and the services of expert
personnel; (2) to study state-wide needs for the elimination of substandard housing to
stimulate state and city planning involving housing, and otherwise to study housing
needs, both rural and urban, and to formulate proposals for meeting these needs; (3) to
study methods of encouraging investment of private capital in low rent housing; (4) to
study the necessity, feasibility and advantage of the use of state credit by way of loan
or subsidy to assist the financing of housing projects for persons of low income; and
(5) to accept grants-in-aid of any of his powers made pursuant to the provisions of
any state or federal law and, for the purpose of complying with the requirements or
recommendations of any such law, to prepare such plans and specifications and to make
such studies, surveys, reports or recommendations concerning existing or contemplated
housing conditions or projects in the state as may be necessary or appropriate.
(c) Notwithstanding any other provision of the general statutes, the Commissioner
of Economic and Community Development may, after conducting a public bidding
process as provided in section 8-44, enter into a master contract or contracts with local,
regional or state-wide suppliers of labor, supplies, materials, services or personal prop
erty on behalf of one or more housing authorities operating state-financed housing pro
grams or projects. The commissioner may also approve the use by housing authorities,
for state-financed programs or projects, of the federal General Services Administration
Standard Purchasing Catalog, and amendments thereto, or of the consolidated supply
program of the United States Department of Housing and Urban Development in lieu
of purchases under such master contract or contracts. The commissioner may, in his
discretion, with respect to partially completed state-financed programs or projects or in
the event of emergencies affecting human health, safety, welfare and life or endangering
property, waive the bidding requirement and fiscal limits of said section 8-44.
(d) The Commissioner of Economic and Community Development may designate
as his agent any deputy commissioner or any employee to exercise such authority of
the commissioner as he delegates for the administration of any applicable statute or
regulation.
(e) As used in this subsection, "troubled loan" means a loan in which payments of
interest or principal, or both interest and principal, (1) are delinquent under the terms
of a loan agreement, or (2) may become delinquent under conditions which exist which
would reasonably lead the Commissioner of Economic and Community Development
to believe that a borrower would be unable to repay the loan. Said commissioner may
authorize the deferred payments of interest or principal, or both interest and principal,
or a portion thereof, in the case of a troubled loan made by the commissioner under any
provision of the general statutes or special acts if he determines the deferral to be in the
best interests of the state. Such determination shall be in writing and shall include a
statement of the reasons why the deferral is in the best interests of the state. Any deferral
made under the provisions of this section shall be subject to the approval of the State
Bond Commission.
(f) The Commissioner of Economic and Community Development shall adopt, in
accordance with the provisions of chapter 54, such regulations as may be necessary to
carry out the purposes of the Department of Economic and Community Development
as established by statute.
(P.A. 86-281, S. 8; P.A. 91-165; P.A. 93-165, S. 1, 7; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 97-173, S. 1; P.A.
99-94, S. 3.)
History: P.A. 91-165 added new Subsec. (d) authorizing commissioner to designate deputy commissioner as his agent;
P.A. 93-165 added Subsec. (e) concerning authorization by the commissioner of housing of deferred payments in the case
of a troubled loan and Subsec. (f) providing the commissioner of housing with general regulatory authority, effective June
23, 1993; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development; P.A. 97-173 moved definition of "troubled loan" in Subdiv. (1)
of Subsec. (e) to beginning of provision and amended said definition by adding alternative re payments which may become
delinquent; (Revisor's note: In 1999, the word "he" was inserted in Subsec. (b) by the revisors immediately preceding the
words " shall have power:" to correct an inadvertent omission of language originally enacted in P.A. 86-281); P.A. 99-94
amended Subsec. (e) by deleting requirement of annual report regarding troubled loans and making technical changes.
See Sec. 4-8 re designation of deputy commissioner to exercise powers and duties of department head.
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(b) The Commissioner of Economic and Community Development, with the ap
proval of the Commissioner of Public Works, the Secretary of the Office of Policy and
Management and the State Properties Review Board, may: (1) Enter into a contract to
purchase, lease or hold any surplus real property made available by the federal govern
ment, including excess real property acquired by the federal government for highway
construction, if the commissioner determines that such real property can be utilized for
the construction, rehabilitation or renovation of housing for persons and families of low
and moderate income and (2) sell, exchange, lease or enter into agreements concerning
any real property acquired by the commissioner under subdivision (1) of this subsection.
The commissioner shall require, as a condition of any sale, exchange, lease or agreement
entered into pursuant to subdivision (2) of this subsection, that such real property be
used only for the construction, rehabilitation or renovation of housing for persons and
families of low and moderate income. Prior to any such sale, exchange, lease or
agreement, the commissioner shall notify the chief executive officer or officers of the
municipality or municipalities in which such real property is located. No such real prop
erty may be sold, exchanged or leased by the commissioner under subdivision (2) of
this subsection without the approval of the municipality or municipalities in which the
real property is located.
(c) The use of any real property under this section 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.
(d) As used in this section, "exchange" means the mutual transfer of interests in
real property, simultaneously and each in consideration of the other.
(P.A. 88-290, S. 2, 3; P.A. 90-205, S. 3; 90-238, S. 31, 32; P.A. 92-91, S. 1; 92-183, S. 1, 3; P.A. 95-250, S. 1; P.A.
96-211, S. 1, 5, 6.)
History: P.A. 90-205 added Subsec. (d) which defined the term "exchange" to mean "the mutual transfer of equal
interests in land, ..."; the term "real property" was substituted editorially for the term "land" for consistency with the
changes made by public act 90-238 to Subsecs. (a) to (c), inclusive; P.A. 90-238 changed all references to land and interest
therein to references to real property, as defined in Sec. 8-39; P.A. 92-91 amended Subsec. (a) by adding provisions
requiring that in the exchange of real property, the property received by commissioner shall be suitable for specified
purposes and that restrictions on property transferred by commissioner shall be released; P.A. 92-183 amended Subsec.
(a) by adding provision re subordination of use condition in the case of a subsequent first mortgage or requirement of a
governmental program and made technical changes; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department
of Housing with Commissioner and Department of Economic and Community Development.
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(b) The Commissioner of Economic and Community Development shall adopt reg
ulations, in accordance with the provisions of chapter 54, to carry out the purposes of
this section.
(P.A. 89-125, S. 1, 2; P.A. 91-279, S. 1; P.A. 95-250, S. 16, 42; 95-309, S. 11, 12; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 91-279 amended Subsec. (a) to apply provisions to economic development projects and amended Subsec.
(b) to make technical change; P.A. 95-250 and P.A. 96-211 amended section by replacing Commissioners of Housing and
Economic Development with the Commissioner of Economic and Community Development; P.A. 95-309 changed effec
tive date of P.A. 95-250 but did not affect this section.
(Return to TOC) (Return to Chapter) (Return to Titles)
(P.A. 90-257, S. 11, 17; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development.
(Return to TOC) (Return to Chapter) (Return to Titles)
(b) Each report submitted under this section shall also document the efforts of the
agency in promoting fair housing choice and racial and economic integration and shall
include data on the racial composition of the occupants and persons on the waiting list
of each housing project which is assisted under any housing program established by the
general statutes or special act or which is supervised by the agency. The provisions of
this subsection shall not be construed to require disclosure of such information by any
occupant or person on a waiting list.
(c) On and after October 1, 1996, the report shall be submitted to the joint standing
committee of the General Assembly having cognizance of matters relating to housing
and, upon request, to any member of the General Assembly. A summary of the report
shall be submitted to each member of the General Assembly if the summary is two pages
or less and a notification of the report shall be submitted to each member if the summary
is more than two pages. Submission shall be by mailing the report, summary or notifica
tion to the legislative address of each member of the committee or the General Assembly,
as applicable.
(P.A. 90-257, S. 12, 17; P.A. 91-362, S. 1; P.A. 96-251, S. 4; P.A. 99-94, S. 4.)
History: P.A. 91-362 designated existing section as Subsec. (a) and added provision requiring reports to analyze house
holds served by race and the efforts of housing agencies in promoting fair housing choice and racial and economic integration
and added new Subsec. (b) re documentation of efforts of agencies in promoting fair housing choice and racial and economic
integration and re data on racial composition of occupants and persons on waiting lists of housing projects assisted by the
agency; P.A. 96-251 added Subsec. (b) requiring that on and after October 1, 1996, the report be submitted to the housing
committee and to any member of the General Assembly upon request and providing for submission of report summaries;
P.A. 99-94 amended Subsec. (a) by exempting the Department of Economic and Community Development under certain
circumstances from the reporting required by this section.
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(b) Each housing agency shall affirmatively promote fair housing choice and racial
and economic integration in all programs administered or supervised by such housing
agency.
(P.A. 90-257, S. 13, 17; P.A. 91-362, S. 2.)
History: P.A. 91-362 designated existing language as Subsec. (a) and added new Subsec. (b) establishing an affirmative
duty for housing agencies to promote fair housing choice and racial and economic integration in their programs.
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(P.A. 90-257, S. 14, 17; P.A. 95-296, S. 3, 5; P.A. 97-156, S. 2, 3.)
History: P.A. 95-296 added new Subsec. (b) re retention of housing in distressed municipalities developed or rehabili
tated by community housing development corporations, effective July 6, 1995; P.A. 97-156 deleted Subsec. (b) re retention
of housing developed or rehabilitated by community housing development corporations in distressed municipalities and
removed Subsec. (a) designator, effective July 1, 1997.
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(b) Any entity applying for financial assistance under any program administered
by a housing agency established by this title shall submit an affirmative fair housing
marketing plan to such housing agency for its approval. Such plan shall have provisions
for recruitment of an applicant pool that includes residents of municipalities of relatively
high concentrations of minority populations. The housing agency shall periodically re
view each plan to assure that to the extent practicable such an applicant pool is created
and may require that a plan be revised by the entity submitting it.
(P.A. 91-362, S. 3.)
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(b) If the Department of Economic and Community Development or the Connecti
cut Housing Finance Authority uses electric resistance space heating as the primary
heating source in any new construction, it shall construct the unit in such a way as to
be eligible for any available energy conservation incentives provided by the electric
company, as defined in section 16-1, or the municipal utility furnishing electric service
to such unit.
(P.A. 90-219, S. 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development.
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(P.A. 90-219, S. 11; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development.
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(b) Any applicant seeking state financial assistance for any housing or community
development project or economic development project under any program administered
by the Commissioner of Economic and Community Development shall submit a residen
tial antidisplacement and relocation assistance plan to the commissioner as part of the
application for such financial assistance. The plan shall demonstrate that the project for
which financial assistance is applied for will not cause the temporary or permanent
displacement of persons and families residing in any single-family or multifamily resi
dential dwelling or, if such displacement will result, that such project will cause no more
displacement than is necessary to accomplish the project. If occupiable dwelling units
are destroyed as a result of the project or displacement of low and moderate income
households will result from the project, the plan shall further demonstrate that: (1) The
applicant shall provide comparable replacement dwellings within the same municipality
for the same number of occupants as could have been housed in the occupied and vacant
occupiable residential dwellings that will be demolished or converted to a use other than
housing for low and moderate income persons and families as a result of the project; (2)
such replacement dwellings shall be designed to remain affordable to low and moderate
income persons and families for ten years; (3) relocation assistance benefits shall be
provided pursuant to chapter 135 for all persons displaced as a result of the project
and (4) displaced persons, to the extent practicable, who wish to remain in the same
neighborhood shall be relocated within such neighborhood. As used in this subsection,
"low and moderate income persons and families" means persons, families or households
whose annual income is less than or equal to eighty per cent of the area median income
for the area of the state in which they live, as determined by the United States Department
of Housing and Urban Development. An applicant shall be deemed to have met the
replacement requirements of this section by rehabilitation of vacant, unoccupiable units.
(c) The Commissioner of Economic and Community Development may exempt an
applicant from the provisions of this section upon determination that:
(1) Based on objective data, there is available in the area an adequate supply of
habitable affordable housing for the full range of low and moderate income persons, or
(2) The project will dedicate at least as much total floor space to housing for low
and moderate income persons and families as was contained in all the dwelling units
being replaced, whether occupied or vacant, and either (A) the project will not perma
nently displace any person or family or (B) all of the following: (i) The sizes and purposes
of the dwelling units in the project are at least as needed as the sizes and purposes of
the dwelling units to be replaced; (ii) the number of very low income persons to be
served in the project is not less than the number of very low income persons served by
the structure to be replaced, and (iii) the persons and families to be displaced by the
project will be relocated to permanent housing and will receive relocation assistance
pursuant to chapter 135. As used in this subsection, "very low income persons" means
persons whose annual income is less than or equal to fifty per cent of the area median
income for the area of the state in which they live, as determined by the United States
Department of Housing and Urban Development.
(d) The Commissioner of Economic and Community Development shall adopt reg
ulations, in accordance with the provisions of chapter 54, to carry out the purposes of
this section. Such regulations shall define the objective data used under subdivision (1)
of subsection (c) of this section to determine whether there is an adequate supply of
habitable affordable housing for the full range of low and moderate income persons and
families residing in the area.
(P.A. 91-279, S. 2; P.A. 92-183, S. 2, 3; P.A. 95-250, S. 17, 42; 95-309, S. 11, 12; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 92-183 amended Subsec. (c) by organizing Subsec. into Subdivs. and adding new Subdiv. (2) re criteria
for exemption and amended Subsec. (d) re regulations defining objective data; P.A. 95-250 and P.A. 96-211 amended
section to replace Commissioners of Housing and Economic Development with the Commissioner of Economic and
Community Development; P.A. 95-309 changed effective date of P.A. 95-250 but did not affect this section.
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(1) "Bond-financed state housing program" means any program administered by
the Commissioner of Economic and Community Development which provides financial
assistance for housing acquisition, development, rehabilitation or support services, and
which may be financed in whole or in part from the proceeds of the state's general
obligation bonds, including: Acquisition of surplus land pursuant to section 8-37y, hous
ing authority programs for social and supplementary services, project rehabilitation
and improvement and energy conservation pursuant to section 8-44a, moderate rental
housing pursuant to section 8-70, moderate cost housing pursuant to section 8-82, flood
relief housing pursuant to section 8-97, housing for elderly persons pursuant to section
8-114a, congregate housing for the elderly pursuant to section 8-119h, housing for low
income persons pursuant to section 8-119dd, financial assistance for redevelopment or
urban renewal projects pursuant to section 8-154a, housing and community development
pursuant to sections 8-169l and 8-216b, urban homesteading pursuant to subsection (a)
of section 8-169w, community housing land bank and land trust program pursuant to
section 8-214d, financial assistance for development of limited equity cooperatives and
mutual housing pursuant to section 8-214f, community housing development corpora
tions pursuant to sections 8-218 and 8-218a, financial assistance to elderly homeowners
for emergency repairs or rehabilitation pursuant to section 8-219b, financial assistance
for removal of lead-based paint and asbestos pursuant to section 8-219e, home ownership
loans pursuant to subsection (a) of section 8-286, housing programs for homeless persons
pursuant to sections 8-356 and 8-357, grants to municipalities for financing low and
moderate income rental housing pursuant to section 8-365, housing infrastructure grants
and loans pursuant to section 8-387, private rental investment mortgage and equity
program pursuant to sections 8-401 and 8-403, assistance for housing predevelopment
costs pursuant to sections 8-410 and 8-411, residential subsurface sewage disposal sys
tem repair program pursuant to sections 8-415 and 8-420, energy conservation loans
pursuant to section 16a-40b, rent receivership pursuant to section 47a-56j, construction,
acquisition and related rehabilitation pursuant to section 8-433 and, any other such
program now, heretofore or hereafter existing, and any additions or amendments to such
programs.
(2) "Administrative expense" means any administrative or other cost or expense
incurred by the state in carrying out the provisions of any of the following bond-financed
state housing programs, including the hiring of necessary employees and the entering of
necessary contracts: Housing authority programs for social and supplementary services,
project rehabilitation and improvement, and energy conservation pursuant to section 8-
44a, moderate rental housing pursuant to section 8-70, moderate cost housing pursuant
to section 8-82, flood relief housing pursuant to section 8-97, housing for elderly persons
pursuant to section 8-114a, congregate housing for the elderly pursuant to section 8-
119h, housing for low-income persons pursuant to section 8-119dd, urban homesteading
pursuant to subsection (a) of section 8-169w, financial assistance for development of
limited equity cooperatives and mutual housing pursuant to section 8-214f, financial
assistance to elderly homeowners for emergency repairs or rehabilitation pursuant to
section 8-219b, home ownership loans pursuant to subsection (a) of section 8-286, hous
ing programs for homeless persons pursuant to sections 8-356 and 8-357, private rental
investment mortgage and equity program pursuant to sections 8-401 and 8-403, assist
ance for housing predevelopment costs pursuant to sections 8-410 and 8-411, residential
subsurface sewage disposal system repair pursuant to section 8-415 and section 8-420,
energy conservation loans pursuant to section 16a-40b, and construction, acquisition
and related rehabilitation pursuant to section 8-433.
(3) "State service fee" means any fee or charge assessed or collected by the state
for the purpose of paying for any administrative expense, pursuant to subsections (f)
and (g) of section 8-44a with respect to housing authority programs for social and supple
mentary services, project rehabilitation and improvement, and energy conservation, sub
section (c) of section 8-70 and section 8-72 with respect to moderate rental housing,
subsection (b) of section 8-114a and subsection (a) of section 8-115a with respect to
housing for elderly persons, section 8-119h and subsection (a) of section 8-115a with
respect to congregate housing for the elderly, section 8-119jj and section 8-72 with
respect to housing for low income persons, subsection (c) of section 8-218b with respect
to community housing development corporations, subsection (b) of section 8-219b with
respect to financial assistance to elderly homeowners for emergency repairs and rehabili
tation, and subsection (a) of section 8-405 with respect to the private rental mortgage
and equity program.
(b) Notwithstanding any provision of the general statutes or any public or special
act to the contrary, any administrative expense may be paid from the proceeds from the
sale of the state's general obligation bonds for the bond-financed state housing program
for which the administrative expense is incurred, to the extent approved by the State
Bond Commission and allotted by the Governor for such purpose.
(c) Notwithstanding any provision of the general statutes or any public or special
act to the contrary, no service fee shall be assessed or collected out of financial assistance
financed with the proceeds of the state's general obligation bonds initially authorized,
allocated or approved by the State Bond Commission on or after July 1, 1990.
(d) (1) There is established a fund to be known as the "Housing Assistance Bond
Fund". The fund shall contain any moneys required by law to be deposited in the fund.
(2) (A) The proceeds from the sale of bonds and any bond anticipation notes issued
for any bond-financed state housing program shall be deposited in the Housing Assist
ance Bond Fund, except for: (i) The proceeds of bonds and bond anticipation notes
initially authorized, allocated or approved by the State Bond Commission for the purpose
of any bond-financed state housing program prior to July 1, 1990, and any reuse thereof
approved by the commission; and (ii) any refunding bonds and bonds issued to refund
bond anticipation notes.
(B) Notwithstanding any provision of the general statutes or any public or special act
to the contrary, on or after July 1, 1990, the State Bond Commission shall not authorize,
allocate or approve the issuance of bonds not previously authorized, allocated or ap
proved by the commission for the purpose of any bond-financed state housing program
pursuant to any general statute or public or special act enacted prior to 1990, except
pursuant to sections 4-66c and 47a-56k or special act 87-77 or 89-52 as either may
be amended from time to time. Nothing in this section shall impair the power of the
commission to authorize the reuse of the proceeds of bonds authorized, allocated or
approved by the commission prior to July 1, 1990.
(C) The proceeds of bonds and bond anticipation notes deposited in the Housing
Assistance Bond Fund shall be applied to pay the costs of financial assistance and admin
istrative expense for bond-financed state housing programs as authorized by the State
Bond Commission in accordance with section 3-20 and the act or acts pursuant to which
such bonds and bond anticipation notes were issued.
(e) (1) There is established a fund to be known as the "Housing Repayment and
Revolving Loan Fund". The fund shall contain any moneys required by law to be depos
ited in the fund and shall be held separate and apart from all other money, funds and
accounts. Investment earnings credited to the fund shall become part of the assets of
the fund. Any required rebates to the federal government of such investment earnings
shall be paid from the fund. Any balance remaining in said fund at the end of any fiscal
year shall be carried forward in the fund for the next fiscal year.
(2) (A) Notwithstanding any provision of the general statutes or any public or spe
cial act to the contrary, except sections 8-76 and 8-80, the following shall be paid to the
State Treasurer for deposit in the Housing Repayment and Revolving Loan Fund: (i)
All payments to the state of principal or interest on loans that the ultimate recipient is
obligated to repay to the state, with or without interest, made pursuant to section 8-114a
with respect to loans for housing for elderly persons, section 8-119h with respect to
loans for congregate housing for the elderly, subsection (a) of section 8-169w with
respect to urban homesteading loans, sections 8-218 and 8-218a with respect to commu
nity housing development corporation loans, section 8-337 with respect to security de
posit revolving loans, section 8-410 with respect to housing predevelopment cost loans,
section 8-415 and section 8-420 with subsurface sewage disposal system repair loans,
and section 8-433 with respect to loans for construction, acquisition and related rehabili
tation; (ii) all payments of principal with respect to energy conservation loans pursuant
to section 16a-40b; (iii) all payments made to the state constituting the liquidation of
an equity interest pursuant to section 8-404 with respect to the private rental investment
mortgage and equity program or a participation interest pursuant to section 8-436; (iv)
all payments made to the state constituting the liquidation of any other security interest
or lien taken or granted pursuant to a bond-financed state housing program or assistance
or related agreement, except liquidations constituting principal or interest on loans not
mentioned in subparagraph (A)(i) or (A)(ii) of this subdivision and the liquidation of
security interests or liens with respect to rent receivership pursuant to subsection (c) of
section 47a-56i; (v) all other return or recapture of state financial assistance made pursu
ant to the provisions of any bond-financed state housing program or assistance or related
agreement, except principal or interest on loans not mentioned in subparagraph (A)(i)
or (A)(ii) of this subdivision and payments received with respect to rent receivership
pursuant to subsection (c) of section 47a-56i; (vi) all payments of state service fees and
administrative oversight charges, as defined in section 8-430, rendered in accordance
with the provisions of any bond-financed state housing program other than state service
fees financed from the proceeds of the state's general obligation bonds; and (vii) all other
compensation or reimbursement paid to the Department of Economic and Community
Development with respect to bond-financed state housing programs other than from the
federal government.
(B) Notwithstanding any provision of the general statutes or any public or special
act to the contrary, except as provided in this subsection, loans for any bond-financed
state housing program which the ultimate recipient is obligated to repay to the state,
with or without interest, may be paid out of moneys deposited in the Housing Repayment
and Revolving Loan Fund without the prior approval of the State Bond Commission,
subject to the approval of the Governor of an allotment. All payments on energy conser
vation loans pursuant to said section 16a-40b shall be accounted for separately from
other moneys in the Housing Repayment and Revolving Loan Fund, and shall be used
to make further loans pursuant to said section 16a-40b and to pay any administrative
expense attributable to such loans.
(C) Notwithstanding any provision of the general statutes or any public or special
act to the contrary, payment of any administrative expense may be made out of the
Housing Repayment and Revolving Loan Fund subject to the approval of the Governor
of an allotment for such purpose.
(P.A. 90-238, S. 1, 32; P.A. 91-346, S. 1, 9; P.A. 93-309, S. 10, 11, 29; P.A. 94-95, S. 24; P.A. 95-250, S. 1, 22, 42;
95-309, S. 11, 12; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 91-346 amended Subsec. (a) by deleting reference to Sec. 8-338 and adding reference to Secs. 8-415 and
8-420, redefined "bond-financed program" and "administrative expense" to add reference to Sec. 8-420 and to delete
reference to security deposit revolving loans pursuant to Sec. 8-337 and amended Subdiv. (2) of Subsec. (e) to add reference
to Secs. 8-415 and 8-420; P.A. 93-309 amended Subsec. (a) by adding reference to Secs. 8-430 to 8-438, inclusive,
and specific reference to construction, acquisition and related rehabilitation pursuant, (the word "pursuant" was inserted
editorially by the Revisors), to Sec. 8-433 and amended Subsec. (e) to add reference to loans for construction, acquisition
and related rehabilitation under Sec. 8-433, to participation interests pursuant to Sec. 8-436 and to administrative oversight
charges defined in Sec. 8-430, effective July 1, 1993; P.A. 94-95 amended Subsec. (d) eliminating requirement that the
fund be kept separate and apart from all other moneys, funds and accounts; P.A. 95-250 and P.A. 96-211 replaced Commis
sioner and Department of Housing with Commissioner and Department of Economic and Community Development and
amended Subsec. (e)(2)(B) to replace specific list of eligible loans that may be paid from Housing Repayment and Revolving
Loan Fund with reference to any bond-financed state housing program; P.A. 95-309 changed effective date of P.A. 95-
250 but did not affect this section.
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(1) "Administrative expense" means any administrative or other cost or expense as
defined in section 8-37qq.
(2) "Bond-financed state housing program" means any program as defined in sec
tion 8-37qq.
(3) "Calculation date" means the date determined by the commissioner, Treasurer,
Comptroller and Secretary of the Office of Policy and Management for making the
calculations described in subsection (a) of section 8-37ss which shall not be later than
May 31, 1996.
(4) "Commissioner" means the Commissioner of Economic and Community Devel
opment.
(5) "Consolidation date" means the date determined by the commissioner, Trea
surer, Comptroller and Secretary of the Office of Policy and Management for the imple
mentation of the plan of consolidation described in subsection (b) of section 8-37ss and
for the transfer of reserved amounts to the Housing Repayment and Revolving Loan
Fund described in subsection (c) of section 8-37ss which shall be on or after the date
approved by the State Bond Commission of such plan of consolidation and which shall
not be later than June 30, 1996.
(6) "Consolidated amounts" means any reserved amounts transferred to the Housing
Repayment and Revolving Loan Fund pursuant to subsection (c) of section 8-37ss and
any moneys subsequently deposited in the Housing Repayment and Revolving Loan
Fund pursuant to section 3-21b, this section and section 8-37ss and subsection (e) of
section 8-80 in lieu of being deposited in a prior bond fund.
(7) "Housing Assistance Bond Fund" means the Housing Assistance Bond Fund
established pursuant to section 8-37qq.
(8) "Housing Repayment and Revolving Loan Fund" means the Housing Repay
ment and Revolving Loan Fund established pursuant to section 8-37qq.
(9) "Net available balance" means the unexpended balance in any prior bond fund or
the Housing Repayment and Revolving Loan Fund, as determined by the commissioner,
Treasurer, Comptroller and Secretary of the Office of Policy and Management, less
reserved amounts.
(10) "Net available balance deficit" means a net available balance in any prior bond
fund that is negative.
(11) "Net available balance surplus" means a net available balance in any prior
bond fund that is positive.
(12) "Prior bond fund" means any fund of the state created or administered to ac
count for revenues and expenses in connection with one or more bond-financed state
housing programs, but does not include the Housing Assistance Bond Fund, the Housing
Repayment and Revolving Loan Fund or the Rental Housing Fund established pursuant
to section 8-80.
(13) "Reserved amounts" means: (A) In the case of a prior bond fund (i) the amount
determined by the commissioner and Secretary of the Office of Policy and Management
to be held in reserve to pay expenditures previously approved by the State Bond Commis
sion, plus (ii) any amounts of net available balance surpluses in prior bond funds not used
to pay for net available balance deficits in prior bond funds because of a determination by
the Treasurer that such use could adversely affect the tax-exempt status of any of the
state's bonds; and (B) in the case of the Housing Repayment and Revolving Loan Fund
(i) the amount determined by the commissioner and Secretary of the Office of Policy and
Management to be held in reserve for the payment of administrative expense anticipated
during the period between the calculation date and July 1, 1997, plus, (ii) after the
consolidation date, consolidated amounts that would have been reserved amounts if held
in a prior bond fund, as determined by the commissioner and Secretary of the Office of
Policy and Management.
(P.A. 94-173, S. 1, 5; P.A. 95-250, S. 7, 42; 95-309, S. 11, 12; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 94-173 effective July 1, 1994; P.A. 95-250 and P.A. 96-211 redefined "commissioner" by substituting
Commissioner of Economic and Community Development for Commissioner of Housing, amended Subdivs. (3) and (5)
to revise the latest calculation and consolidation date from 1995 to 1996; P.A. 95-309 changed effective date of P.A. 95-
250 but did not affect this section.
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(b) On or after the calculation date the commissioner shall file with the State Bond
Commission and the joint standing committee of the General Assembly having cogni
zance of all matters relating to finance, revenue and bonding a plan for consolidation
of all prior bond funds. Such plan shall request the State Bond Commission to approve:
(1) The use of the total of all net available balance surpluses to pay for the total of all
net available balance deficits, except to the extent the Treasurer determines that any
such use could adversely affect the exclusion from gross income of the interest on any
of the state's bonds; (2) the application of the net available balance of the Housing
Repayment and Revolving Loan Fund to pay for net available balance deficits in prior
bond funds not paid for from net available balance surpluses in prior bond funds; and
(3) allocations and bond authorizations of the State Bond Commission, in accordance
with section 3-20 to pay for any net available balance deficits in prior bond funds not
paid for either from net available balance surpluses in prior bond funds or from the net
available balance of the Housing Repayment and Revolving Loan Fund. Such plan shall
also set forth the total of all reserved amounts to be transferred to the Housing Repayment
and Revolving Loan Fund pursuant to subsection (c) of this section. The State Bond
Commission may approve such plan notwithstanding restrictions as to the use of moneys
in any prior bond fund or the Housing Repayment and Revolving Loan Fund imposed
by any provision of the general statutes or any public or special act.
(c) On the consolidation date, the commissioner shall: (1) Implement the plan for
consolidation described in subsection (b) of this section, applying net available balance
surpluses, if any, moneys from the Housing Repayment and Revolving Loan Fund, if
any, and the proceeds of allocations and bond authorizations, if any, as called for in
such plan to pay for all net available balance deficits in all prior bond funds; and (2)
transfer all reserved amounts to the Housing Repayment and Revolving Loan Fund, and
upon such transfer, all prior bond funds shall be terminated. The commissioner shall
establish such subaccounts, if any, within the Housing Repayment and Revolving Loan
Fund as are determined by the commissioner, Treasurer, and Comptroller and Secretary
of the Office of Policy and Management to be necessary to preserve the exclusion from
gross income of interest on any of the state's bonds or to serve the administrative conve
nience of the state.
(d) Following the consolidation date, notwithstanding any provision of the general
statutes or any public or special act or action of the State Bond Commission prior to the
consolidation date, all expenditures previously approved for payment from a prior bond
fund shall be paid from consolidated amounts in the Housing Repayment and Revolving
Loan Fund and all revenues, payments and reimbursements that would otherwise have
been deposited in a prior bond fund shall be added to the consolidated amounts in the
Housing Repayment and Revolving Loan Fund.
(e) Following the consolidation date, the commissioner and secretary of the State
Bond Commission shall maintain a record of consolidated amounts and reserved
amounts. Notwithstanding any provision of the general statutes or any public or special
act, the commissioner may request and the State Bond Commission may approve the
reuse of any consolidated amounts that are not reserved amounts for any bond-financed
state housing program, including administrative expense.
(P.A. 94-173, S. 2, 5.)
History: P.A. 94-173 effective July 1, 1994.
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(b) The commissioner shall adopt regulations in accordance with the provisions of
chapter 54 describing procedures to be employed in calculating administrative oversight
charges and establishing the amount of such charges.
(c) Notwithstanding the provisions of this section or any regulations adopted there
under, the amount of the administrative oversight charge per unit shall be as follows:
(1) For the period from July 1, 1997, to June 30, 1998, not more than twelve dollars,
and (2) on and after July 1, 1998, not more than five dollars.
(P.A. 94-156, S. 1, 5; P.A. 95-250, S. 1; P.A. 96-189, S. 1, 3; 96-211, S. 1, 5, 6; P.A. 98-154, S. 1, 2.)
History: P.A. 94-156 effective July 1, 1994; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of
Housing with Commissioner and Department of Economic and Community Development; P.A. 96-189 added Subsec. (c)
specifying amount of charge per unit, effective July 1, 1996; P.A. 98-154 amended Subsec. (c) to delete maximum seven-
dollar charge for period from July 1, 1998, to June 30, 1999, to delete provision requiring no charge on and after July 1,
1999, and to add provision establishing, on and after July 1, 1998, maximum five-dollar charge, effective July 1, 1998.
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