
April 17, 2002 |
2002-R-0439 | |
DETERMINING THE NUMBER OF "IN-LAW" APARTMENTS AND MOBILE HOMES IN THE STATE | ||
By: John Moran, Research Analyst | ||
You asked (1) if there is a way to track the number of "in-law" apartments and mobile manufactured homes in the state by town, and (2) for definitions of these types of living units.
SUMMARY
We found seven towns that allow in-law or accessory apartments; all require the unit be recorded in the town land records and several require some form of periodic verification such as a signed affidavit from the owner.
The state Department of Consumer Protection (DCP) licenses, regulates, and tracks mobile home parks, and a park licensee is required to submit a list containing all homes in his park with the town clerk where the park is located for recording in the land records.
IN-LAW APARTMENTS
Seven towns indicated they allow in-law apartments, also known as "accessory" apartments: Canton, Beacon Falls, Farmington, Greenwich, Groton, Wallingford, and Windham. (They responded to our inquiry through the Connecticut Planners Association e-mail list serve; other towns, that did not respond, may also permit such apartments. ) Officials
in each of these towns would be able to either review their land records or their required certifications to determine how many of these apartments are in their town.
These respondents' definitions and permitted uses vary to some degree: some require the tenants of the in-law apartment to be related to the resident in the primary dwelling unit (Beacon Falls), others do not (Canton).
Beacon Falls provided the most detailed definition. In-law apartments are secondary living units, including a full kitchen, that make up not more than 30% of the square footage of the original house. The secondary unit must (1) have its own external door, (2) have a door connecting it to the primary unit, and (3) meet all fire safety codes. The house must (1) maintain the appearance of a single-family home, (2) have only one set of utility services such as one water main, one sewer connection (or septic), and one electric service. Town regulations require family members related by either blood or marriage occupy the two units, and the property owner must live in one of the units.
In Beacon Falls an application for an in-law apartment is reviewed by the zoning enforcement officer for compliance with the town regulation and then reviewed by the building inspector. If, after whatever work needs to be done is completed, it meets all requirements, a certificate of occupation is issued.
The town requires the owner to submit an annual affidavit stating family members occupy the units. The town clerk keeps a list of all in-law apartments, and anyone without a current affidavit receives a letter from zoning enforcement.
Two other towns from our sample, Greenwich and Wallingford, require annual certification from the owner that the units comply with regulations. Farmington requires the owner to re-register with the town every two years.
MOBILE MANUFACTURED HOMES
Information on the number of mobile homes in licensed state mobile home parks is available at both the state and town level. DCP licenses, regulates, and tracks mobile home parks, and a park licensee is required to submit a list containing all homes in his park to the town clerk where the park is located for recording in the land records (CGS §§ 21-67 and 21-67a). Licenses are effective for one year and cannot be renewed until DCP inspects the park and determines it still conforms with statutory requirements.
The statute regulating mobile home parks defines a "mobile manufactured home" as an intrinsically mobile detached residential unit that, if built on or after June 15, 1976, is built according to federal construction standards, is designed for long-term occupancy, and is placed on rigid supports at the site where it is to be occupied. It must have sleeping accommodations, a flush toilet, a bathtub or shower, a kitchen, and plumbing and electrical connections (CGS § 21-64).
Mobile homes have different statutory definitions for tax or motor vehicle purposes.
JM: ro