Sec. 8-208a. Appeals from municipal housing code board decisions and enforcement. Cost. Any person or persons severally or jointly aggrieved by any decision
of a housing code board of appeals or any officer, department, board or bureau of any
municipality, charged with the enforcement of any order, requirement or decision of
said board, may, within fifteen days from the date of such decision, take an appeal to
the superior court of the judicial district in which such municipality is located, which
appeal shall be made returnable to said court in the same manner as that prescribed for
civil actions brought to said court. Notice of such appeal shall be given by leaving a
true and attested copy thereof with, or at the usual place of abode of, the chairman or
clerk of said board. The appeal shall state the reasons upon which it has been predicated
and shall not stay proceedings upon the decision appealed from, but the court to which
such appeal is returnable may, on application, on notice to the board and on cause shown,
grant a restraining order. The authority issuing a citation in such appeal shall take from
the appellant, unless such appellant is an official of the municipality, a bond or recognizance to said board, with surety, to prosecute such appeal to effect and comply with the
orders and decrees of the court. Said board shall be required to return either the original
papers acted upon by it and constituting the record of the case appealed from, or certified
copies thereof. The court, upon such appeal, shall review the proceedings of said board
and shall allow any party to such appeal to introduce evidence in addition to the contents
of the record of the case returned by said board if the record does not contain a complete
transcript of the entire proceedings before said board, including all evidence presented
to it, or if, upon the hearing upon such appeal, it appears to the court that additional
testimony is necessary for the equitable disposition of the appeal. The court may take
such evidence or appoint a referee or committee to take such evidence as it directs and
report the same to the court, with his or its findings of facts and conclusions of law,
which report shall constitute a part of the proceedings upon which the determination of
the court shall be made. The court, upon such appeal and after a hearing thereon, may
reverse or affirm, wholly or partly, or may modify or revise the decision appealed from.
Costs shall be allowed against said board if the decision appealed from is reversed,
affirmed in part, modified or revised. Appeals from decisions of said board shall be
privileged cases to be heard by the court, unless cause is shown to the contrary, as soon
after the return day as is practicable.
(P.A. 73-532; P.A. 76-436, S. 269, 681; P.A. 78-280, S. 1, 127.)
History: P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 78-280 deleted
reference to counties.
Sec. 8-208b. Neighborhood Housing Services Program Fund. State assistance.
Definitions. (a) A Neighborhood Housing Services Program Fund is hereby created.
There shall be deposited in said fund all moneys received by or appropriated to the
Department of Economic and Community Development from time to time therefor.
Amounts in said fund shall be used for the purpose of making grants-in-aid to any duly
organized neighborhood housing services corporation in the state, pursuant to subsection (b).
(b) In order to stimulate development of partnerships of the public and private sectors of the urban community committed to stemming neighborhood decline, the state,
acting by and in the discretion of the Commissioner of Economic and Community Development, may enter into a contract with any duly organized neighborhood housing services corporation in the state. Such contract shall provide for state financial assistance
in the form of a state grant-in-aid equal to twice the amount of the federal grant-in-aid
received by such corporation but not to exceed one hundred thousand dollars.
(c) "Neighborhood housing services program" means a program developed by the
Neighborhood Reinvestment Corporation of the United States government to stimulate
reinvestment in the urban neighborhood. "Neighborhood housing services corporation"
means a private, nonprofit, community based corporation organized pursuant to the
establishment of a neighborhood housing services program. The significant features of
a neighborhood housing services corporation include: (1) Government by a local board
of directors composed of neighborhood residents and financial industry representatives;
(2) use of a revolving loan fund to make loans to residents of the neighborhood who
cannot meet normal commercial credit requirements for the purpose of bringing homes
in the neighborhood up to code standards; (3) contributions to the loan fund by, among
others, foundations, local business and industry, local government and the Neighborhood Reinvestment Corporation; and (4) operation of a systematic housing inspection
and code compliance program for homeowners which includes rehabilitation counseling, construction monitoring and financial counseling.
(P.A. 78-317, S. 2, 4, 5; P.A. 79-299, S. 1, 2; 79-598, S. 12; 79-631, S. 89, 111; P.A. 86-107, S. 2, 19; P.A. 95-250, S.
1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 79-299 amended Subsecs. (a) and (b) by replacing references to the Urban Reinvestment Task Force of
the United States government with references to duly organized neighborhood housing services corporations, further
amended Subsec. (b) by deleting reference to two-program limit for programs established in a given year, deleted Subsec.
(c) which had contained provisions for assistance to neighborhood corporations and relettered former Subsec. (d) as Subsec.
(c), substituting Urban Reinvestment Corporation for Urban Reinvestment Task Force; P.A. 79-598 substituted commissioner of housing for commissioner of economic development; P.A. 79-631 substituted Neighborhood Reinvestment Corporation for Urban Reinvestment Corporation; P.A. 86-107 removed reference in Subsec. (a) to state treasurer as trustee
of fund; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
Sec. 8-209. State grants-in-aid for demolition of unsafe structures; for urban
beautification. (a) The state, acting by and in the discretion of the Commissioner of
Economic and Community Development, may enter into a contract with a municipality
for state financial assistance for the demolition of unsafe structures which under state
or local law have been determined to be structurally unsound or unfit for human habitation and which such municipality has authority to demolish. Such contract shall provide
state financial assistance in the form of a state grant-in-aid equal to (1) two-thirds of
the net cost of the demolition as approved by the commissioner or (2), where the demolition is financed under the federal Housing Act of 1949, as amended, one-half of the
amount by which the net cost of the demolition, as approved by the commissioner,
exceeds the federal grant-in-aid thereof.
(b) The state, acting by and in the discretion of the Commissioner of Economic
and Community Development, may enter into a contract with a municipality for state
financial assistance for programs of urban beautification; provided such program shall
have been approved by the federal Department of Housing and Urban Development
under the federal Housing and Urban Development Act of 1965, as amended. Such
contract shall provide for state financial assistance in the form of a state grant-in-aid
equal to one-half of the amount by which the net cost of the program as approved by
the commissioner exceeds the federal grant-in-aid thereof.
(1967, P.A. 522, S. 12; P.A. 77-614, S. 292, 610; P.A. 79-598, S. 13; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-614 specified that commissioner of economic development has contracting authority, previously
"commissioner" had meant commissioner of community affairs, effective January 1, 1979; P.A. 79-598 substituted commissioner of housing for commissioner of economic development; 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. 8-226 re use of prior bond proceeds for purposes of this section.
Sec. 8-209a. State aid for relocation of buildings. (a) Notwithstanding any provision of the general statutes, any project that is eligible for state financial aid for demolition of buildings shall be eligible to apply for state financial aid under the same program
such project was eligible for demolition for the costs of moving one or more buildings
that are a part of such project from one location to another, provided (1) the subject
buildings currently contain or will be renovated to contain one or more dwelling units
per building, and (2) the total cost of relocating the subject buildings does not exceed
by more than five per cent the total of all costs associated with the demolition of such
buildings, including, but not limited to: The costs of preparing the buildings for demolition, including the costs of abatement of asbestos and other hazardous materials; the
actual costs of taking the buildings down; the relocation of residents, including the costs
of relocation assistance; utility relocation; environmental remediation after the buildings
have been demolished; removal of the foundations; the filling of the site with clean fill;
and any other costs associated with the demolition of the buildings or the return of the
sites to a condition suitable for future development, provided any costs which would
be incurred regardless of whether the subject buildings are moved or demolished shall
not be included in such comparison in any way, and (3) the entity requesting state financial aid can demonstrate to the agency providing state financial aid the benefits to the
neighborhood or municipality of preserving the character of the area by retaining the
subject buildings.
(b) Any relocation of a building eligible for relocation assistance under subsection
(a) of this section shall be deemed to be a rehabilitation of such building for the purposes
of determining the eligibility of the building or the project of which it is a part for any
state program of financial assistance.
(c) Any building that is moved in accordance with this section shall comply with
the separate standards within the State Building Code for the rehabilitation of buildings.
(d) Nothing in this section shall be deemed to preclude any agency from providing
for the costs of relocating a building under circumstances that do not meet the provisions
of this section.
(June Sp. Sess. P.A. 01-9, S. 78, 131; P.A. 03-19, S. 21.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001; P.A. 03-19 made technical changes in Subsec. (a), effective
May 12, 2003.
Sec. 8-210. State financial assistance for the planning, construction, renovation, site preparation and purchase of property for neighborhood facilities, including child day care facilities. Guidelines for state-contracted child care center programs. (a) The state, acting by and in the discretion of the Commissioner of Social
Services, may enter into a contract with a municipality or a qualified private, nonprofit
corporation for state financial assistance for the planning, construction, renovation, site
preparation and purchase of improved or unimproved property as part of a capital development project for neighborhood facilities. Such facilities may include, but are not
limited to, child day care facilities, elderly centers, multipurpose human resource centers, emergency shelters for the homeless and shelters for victims of domestic violence.
The financial assistance shall be in the form of state grants-in-aid equal to (1) all or any
portion of the cost of such capital development project if the grantee is a qualified private
nonprofit corporation or (2) up to two-thirds of the cost of such capital development
project if the grantee is a municipality, as determined by the commissioner.
(b) The state, acting by and in the discretion of the Commissioner of Social Services,
may enter into a contract with a municipality, a human resource development agency
or a nonprofit corporation for state financial assistance in developing and operating
child day care centers for children disadvantaged by reasons of economic, social or
environmental conditions, provided no such financial assistance shall be available for
the operating costs of any such day care center unless it has been licensed by the Commissioner of Public Health pursuant to section 19a-80. Such financial assistance shall be
available for a program of a municipality, of a human resource development agency
or of a nonprofit corporation which may provide for personnel, equipment, supplies,
activities, program materials and renovation and remodeling of physical facilities of
such day care centers. Such contract shall provide for state financial assistance, within
available appropriations, in the form of a state grant-in-aid (1) for a portion of the cost
of such program as determined by the Commissioner of Social Services, if not federally
assisted, or (2) equal to one-half of the amount by which the net cost of such program
as approved by the commissioner exceeds the federal grant-in-aid thereof. The Commissioner of Social Services may authorize child day care centers provided financial assistance pursuant to this subsection to apply a program surplus to the next program year.
The commissioner shall consult with directors of child day care centers in establishing
fees for the operation of such centers.
(c) The Department of Social Services, in consultation with representatives from
child care centers, within available appropriations, shall develop guidelines for state-contracted child care center programs. The guidelines shall include standards for program quality and design and identify short and long-term outcomes for families participating in such programs. The Department of Social Services, within available appropriations, shall provide a copy of such guidelines to each state-contracted child care center.
Each state-contracted child care center shall use the guidelines to develop a program
improvement plan for the next twelve-month period and shall submit the plan to the
department. The plan shall include goals to be used for measuring such improvement.
The department shall use the plan to monitor the progress of the center.
(d) The state, acting by and in the discretion of the commissioner may enter into
a contract with a municipality, a human resource development agency or a nonprofit
corporation for state financial assistance for a project of renovation of any child day
care facility receiving assistance pursuant to the provisions of this section, to make such
facility accessible to the physically disabled, in the form of a state grant-in-aid equal to
(1) the total net cost of the project as approved by the commissioner or (2) the total
amount by which the net cost of the project as approved by the commissioner exceeds
the federal grant-in-aid thereof.
(e) Any municipality, human resource development agency or nonprofit corporation which enters into a contract pursuant to this section for state financial assistance
for a day care facility shall have sole responsibility for the development of the budget
of the day care program, including, but not limited to, personnel costs, purchases of
equipment, supplies, activities and program materials, within the resources provided by
the state under said contract. Upon local determination of a change in the type of day
care service required in the area, a municipality, human resource development agency
or nonprofit corporation may, within the limits of its annual budget and subject to the
provisions of this subsection and sections 19a-77 to 19a-80, inclusive, and 19a-82 to
19a-87a, inclusive, change its day care service. An application to change the type of
child day care service provided shall be submitted to the Commissioner of Social Services. Within forty-five days of his receipt of the application, the commissioner shall
advise the municipality, human resource development agency or nonprofit corporation
of his approval, denial or approval with modifications of the application. If the commissioner fails to act on the application within forty-five days of its submittal, the application
shall be deemed approved.
(f) The Commissioner of Social Services may in his discretion with the approval
of the Secretary of the Office of Policy and Management authorize the expenditure of
such funds for the purposes of this section as shall enable the Commissioner of Social
Services to apply for, qualify for and provide the state's share of a federally assisted
day care program.
(1967, P.A. 522, S. 13; 768, S. 1, 3; 1969, P.A. 588, S. 3, 4; 772, S. 1; 1972, P.A. 198, S. 1; P.A. 73-420; P.A. 74-289,
S. 1, 2; P.A. 77-614, S. 323, 531, 610; P.A. 78-73, S. 1-3; P.A. 84-454, S. 1, 3; P.A. 86-417, S. 1, 15; P.A. 87-344; P.A.
91-371, S. 2, 4; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-360, S. 17, 32; P.A. 97-259, S. 20,
41; P.A. 98-252, S. 2, 3, 80.)
History: 1969 acts amended Subsec. (b) to require that aid be given only to day care centers licensed by commissioner
of health; and amended Subsec. (a) to include assistance for child day care facilities, deleted requirement that projects be
approved by Department of Housing and Urban development and split grants-in-aid into two categories; 1972 act allowed
grant-in-aid for eighty per cent, rather than two-thirds, of cost of non-federally-assisted program; P.A. 73-420 amended
Subsec. (b) to clarify that provision re aid given only to centers licensed by health commissioner applies to aid for operating
costs and added Subsec. (d); P.A. 74-289 amended Subsec. (a) to include contracts with human resource development
agencies; P.A. 77-614 substituted commissioner of health services for commissioner of health, secretary of the office of
policy and management for commissioner of finance and control and commissioner of human resources for commissioner
of social services, specified that references to "commissioner" refer to commissioner of human resources rather than to
commissioner of community affairs as before and amended Subsec. (c) to delete provision for transfer of community affairs
department funds at request of social services commissioner, effective January 1, 1979; P.A. 78-73 inserted new Subsec.
(c) re renovations to allow access for physically disabled and relettered remaining Subsecs. accordingly; P.A. 84-454
amended Subsec. (b) by adding that financial assistance be provided "within available appropriations" and by changing
Subdiv. (1) of Subsec. (b) from a grant-in-aid equal to "eighty per cent of the net cost of a day care center program of the
municipality or a human resource development agency as approved by the commissioner" to "for a portion of the cost of
such program as determined by the commissioner of human resources"; P.A. 86-417 inserted new Subsec. (d) setting forth
policy applicable to municipalities or human resource development agencies which receive state financial assistance for
day care facilities, relettering previously existing Subsecs. as necessary, and made technical changes; P.A. 87-344 deleted
Subsec. (f) on the recoupment of funds and replaced the existing language in Subsec. (a) which provided for a contract
with a municipality or a "human resource development agency" and limited the amount of the grant to two-thirds of the
net cost of the project or where the project is assisted by the Federal Department of Housing and Urban Development,
one-half the amount by which the net cost of the project exceeds the federal grant; P.A. 91-371 added provision in Subsec.
(b) authorizing child day care centers to apply a surplus to the next program year and allowing such centers to establish
fees for their operation; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services
with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995; P.A. 95-360 substituted reference to Sec. 19a-82 for Sec. 19a-81 in Subsec. (d), effective July 13, 1995; P.A.
97-259 added provisions for contracts with nonprofit corporations, added new Subsec. (c) re guidelines for state-contracted
child care center programs and redesignated existing Subsecs. (c) to (e) as Subsecs. (d) to (f), effective July 1, 1997; P.A.
98-252 amended Subsecs. (b) and (e) to make technical changes, effective July 1, 1998.
See Sec. 8-222b re municipal powers with respect to child day care and neighborhood facilities under this section.
See Sec. 8-226 re use of prior bond proceeds for purposes of this section.
Sec. 8-210a. Bond issue. The State Bond Commission may authorize the issuance
of bonds of the state in the aggregate amount of four million dollars for the purposes of
subsection (a) of section 8-210.
(1969, P.A. 588, S. 5.)
Sec. 8-210b. Transferred to Chapter 319rr, Sec. 17b-749.
Secs. 8-211 and 8-212. Transferred to Chapter 242, Secs. 13b-56 and 13b-57, respectively.
Sec. 8-213. Housing site development agencies. Section 8-213 is repealed.
(1967, P.A. 522, S. 16; 1971, P.A. 75; 1972, P.A. 268, S. 1; P.A. 73-173, S. 1, 3; P.A. 77-70, S. 1; 77-614, S. 293, 610;
P.A. 79-598, S. 14; P.A. 80-483, S. 28, 186; P.A. 88-280, S. 14.)
Sec. 8-213a. Apportionment and abatement of taxes on acquisition of property
by redevelopment or housing site development agency. In any case where a redevelopment agency or housing site development agency acquires real property, municipal
taxes on such property may be apportioned in accordance with prevailing local practice
in the transfer of property as of the day title vests in the grantee and the authority authorized under the provisions of section 12-124 to abate taxes in the municipality wherein
such real property is situated may abate the taxes on such property from the date title
so vests.
(1969, P.A. 555, S. 1.)
Sec. 8-214. State financial assistance for housing site development projects.
Section 8-214 is repealed.
(1967, P.A. 522, S. 17; P.A. 73-173, S. 2, 3; P.A. 75-51; P.A. 77-70, S. 2; 77-614, S. 294, 610; P.A. 78-164, S. 1, 2;
P.A. 79-598, S. 15; P.A. 80-188; P.A. 81-68; P.A. 85-49; P.A. 87-378, S. 7; P.A. 88-280, S. 14.)
Sec. 8-214a. Bond issue. (a) For the purposes described in subsection (b) of this
section, the State Bond Commission shall have the power, from time to time to authorize
the issuance of bonds of the state in one or more series and in principal amounts not
exceeding in the aggregate three million dollars.
(b) The proceeds of the sale of said bonds, to the extent of the amount stated in
subsection (a) of this section, shall be used by the Department of Economic and Community Development for the purpose of housing site development in accordance with section 8-213a and section 8-216b.
(c) All provisions of section 3-20, or the exercise of any right or power granted
thereby which are not inconsistent with the provisions of this section are hereby adopted
and shall apply to all bonds authorized by the State Bond Commission pursuant to this
section, and temporary notes in anticipation of the money to be derived from the sale
of any such bonds so authorized may be issued in accordance with said section 3-20
and from time to time renewed. Such bonds shall mature at such time or times not
exceeding twenty years from their respective dates as may be provided in or pursuant
to the resolution or resolutions of the State Bond Commission authorizing such bonds.
None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed
by or on behalf of the Commissioner of Economic and Community Development and
states such terms and conditions as said commission, in its discretion, may require. Said
bonds issued pursuant to this section shall be general obligations of the state and the full
faith and credit of the state of Connecticut are pledged for the payment of the principal of
and interest on said bonds as the same become due, and accordingly and as part of the
contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.
(P.A. 86-396, S. 11, 25; P.A. 87-405, S. 7, 26; P.A. 88-280, S. 7; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 87-405 increased the bond authorization from one million dollars to three million dollars; P.A. 88-280
made technical change to Subsec. (b); P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing
with Commissioner and Department of Economic and Community Development.
Sec. 8-214b. Housing land bank and land trust program: Definitions. As used
in this section and sections 8-214c to 8-214e, inclusive:
(1) "Limited equity cooperative" means a nonprofit corporation organized for the
purposes of owning and operating housing for low and moderate income families and
qualifying as a limited equity cooperative, as defined in section 47-242;
(2) "Very low, low and moderate income families" means families or individuals
who lack the amount of income necessary to rent or purchase adequate housing without
financial assistance, as defined by such income limits as may be adopted by an appropriate agency or instrumentality of the state or federal government for the purposes of
determining eligibility under any programs aimed at providing housing for very low,
low and moderate income families or persons;
(3) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant
to chapter 602 or any predecessor statutes thereto, having as one of its purposes the
construction, rehabilitation, ownership or operation of housing and having articles of
incorporation approved by the Commissioner of Economic and Community Development in accordance with regulations adopted pursuant to subsection (b) of section 8-214d; and
(4) "Real property" includes all lands, including improvements and fixtures thereon,
and property of any nature appurtenant thereto, or used in connection therewith, and
every estate, interest and rights, legal or equitable, therein, including terms for years
and liens by way of judgment, mortgage or otherwise and the indebtedness secured by
such liens.
(P.A. 87-441, S. 1, 5; P.A. 90-238, S. 29, 32; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; 96-256, S. 174, 209.)
History: P.A. 90-238 revised the term "low and moderate income families" to "very low, low and moderate income
families" and added a definition of "real property"; 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. 96-256 amended the
definition of "nonprofit corporation" to replace reference to "chapter 600" with "chapter 602 or any predecessor statutes
thereto", effective January 1, 1997.
Sec. 8-214c. Community Housing Land Bank and Land Trust Fund. There is
established a fund to be known as the "Community Housing Land Bank and Land Trust
Fund". The fund shall contain any moneys required by law to be deposited in the fund
and shall be held in trust separate and apart from all other moneys, funds and accounts.
Any balance remaining in said fund at the end of any fiscal year shall be carried forward
in said fund for the fiscal year next succeeding. Said fund shall be used to encourage
the development of decent and affordable housing for low and moderate income families
by providing grants-in-aid to nonprofit corporations pursuant to subsection (a) of section
8-214d.
(P.A. 87-441, S. 2, 5.)
Sec. 8-214d. State financial assistance for establishing community housing
land bank and land trust. Regulations. (a) The state, acting by and in the discretion
of the Commissioner of Economic and Community Development, may contract with a
nonprofit corporation for state financial assistance in the form of a state grant-in-aid,
loan or deferred loan to such corporation on such terms and conditions as the commissioner may prescribe. Such grant-in-aid, loan or deferred loan shall be used by such
corporation to acquire, hold and manage real property for the purpose of providing for
existing and future housing needs of very low, low and moderate income families. In
the case of a deferred loan, the contract shall require that payments on interest are due
currently but that payments on principal may be made at a later time. The commissioner
may prescribe the terms and conditions by which real property acquired under this section shall be either held for the existing and future housing needs of very low, low and
moderate income families or placed in a community land trust, except that such terms
and conditions, in the discretion of the commissioner and with the approval of the State
Bond Commission, may be subordinated in the case of a subsequent first mortgage
or a requirement of a governmental program relating to such real property. Ancillary
housing-related services may be located on such real property. The commissioner shall
give notice of an application for financial assistance under this section which would
complete a partially constructed housing development to the chief executive official of
the municipality in which the real property is located. A nonprofit corporation holding
title to such real property, with or without structures, may lease such real property to
very low, low and moderate income families, limited equity cooperatives or other corporations, provided that the terms of any such lease shall require that such real property
be developed and used solely for the purpose of housing for very low, low and moderate
income families. The lessee may hold title to any building or improvement situated on
real property acquired with financial assistance made under this section, provided the
nonprofit corporation holding title to such real property shall have first option to purchase any building or improvement that the lessee may place on such real property at
a below-market price set forth in such lease. The legitimate heirs of any such lessee
shall have the right under such lease to assume the lease upon the death of such lessee
if the lessee is a natural person and if such heirs agree to make the leased premises their
principal residence.
(b) A nonprofit corporation holding title to real property acquired with state financial assistance made under this section may convey title to structures and improvements
situated upon such real property to very low, low and moderate income families, limited
equity cooperatives or other corporations, provided (1) the terms and conditions of any
instrument conveying such title requires that such structures and improvements be developed and used solely for the purpose of housing for very low, low or moderate income
families, except that such terms and conditions, in the discretion of the commissioner
and with the approval of the State Bond Commission, may be subordinated in the case
of a subsequent first mortgage or a requirement of a governmental program relating to
such real property, (2) the nonprofit corporation retains title to the real property upon
which such structures and improvements are situated, and (3) the nonprofit corporation
shall have first option to purchase any structures and improvements transferred at a
below-market price agreed to at the time of such transfer. A nonprofit corporation holding title to real property acquired with state financial assistance made under this section
for which a declaration of condominium has been filed may transfer the units in such
condominium to very low, low or moderate income families in accordance with chapter
828, subject to deed restrictions, acceptable to the commissioner, requiring that the
units be used solely for the purpose of housing for very low, low and moderate income
families, provided the nonprofit corporation shall have first option to purchase the unit
at a below-market price agreed to at the time of acquisition of the unit by the family.
(c) A nonprofit corporation existing on or after October 1, 1991, and holding title
to real property acquired with state financial assistance made under this section may
convey title to such real property, with the approval of the commissioner, to a community
land trust corporation. A nonprofit corporation holding title to real property which has
been acquired with state financial assistance under this section for the existing and future
needs of very low, low or moderate income families, may, with the approval of the
commissioner, convey title to such real property to another nonprofit corporation.
(d) A nonprofit corporation existing on or after October 1, 1991, and holding title
to real property acquired with state financial assistance made under this section, may
lease such real property, with the approval of the commissioner, to a partnership, as
defined in section 34-301, or a limited partnership, as defined in section 34-9, provided
the nonprofit corporation has a material role in such partnership or limited partnership.
The terms of any such lease shall require that such real property be developed and used
solely for the purpose of housing for very low, low and moderate income families. The
lessee may hold title to any building or improvement situated on real property acquired
with financial assistance made under this section, provided the nonprofit corporation
holding title to such real property shall have first option to purchase any building or
improvement that the lessee may place on such real property at a below-market price
set forth in the lease.
(e) If a nonprofit corporation fails to develop the project in accordance with the
development plan for the project and title to the land or interests in land acquired with
state financial assistance under this section vests in the state pursuant to a default, foreclosure action, deed-in-lieu of foreclosure, voluntary transfer, or other similar voluntary
or compulsory action, the commissioner may, upon approval of the State Bond Commission, convey such land or interests in land to the municipality in which the land or
interests in land is located. The municipality shall use the land or interests in land, or
shall cause the land or interests in land to be used for, or in conjunction with, activities
related to, or similar to, any program administered by the commissioner pursuant to
state or federal law.
(f) The Commissioner of Economic and Community Development shall adopt regulations, in accordance with chapter 54, to carry out the purposes of sections 8-214b to
8-214e, inclusive. Such regulations shall include, without limitation, provisions concerning the terms and conditions of such grants-in-aid, loans or deferred loans and the
conditions for approval of the articles of incorporation or basic documents of organization of a nonprofit corporation applying for assistance under said sections.
(g) As used in this section, housing-related services and facilities includes but is
not limited to, administrative, community, health, recreational, educational and child-care facilities relevant to an affordable housing development, as defined by the commissioner in regulations adopted in accordance with chapter 54.
(h) (1) The Commissioner of Economic and Community Development may make
a determination, based upon a full examination of the circumstances, that a nonprofit
corporation is unable to develop or manage the land or interests in land acquired with
state financial assistance under this section. Upon such a determination, the commissioner may cause title to the land or interests in land acquired with state financial assistance under this section to vest in the state by foreclosure, voluntary transfer, or other
similar voluntary or compulsory action, and the commissioner may take any action
which is in the best interests of the state to convey, upon approval of the Secretary of
the Office of Policy and Management, such land or interests in land, including, but not
limited to, (A) transferring, or authorizing the transfer of, the land or interests in land
to the low and moderate income families that reside on such land, (B) determining
whether any restrictions in the deed or deeds for the land or interests in land shall be
modified or removed prior to conveying such land or interests in land and authorizing
such modifications or removals, or (C) establishing such terms and conditions for such
conveyance as the commissioner deems appropriate under each particular transaction.
(2) The commissioner shall authorize the conveyance of land or interests in land
under subdivision (1) of this subsection in no more than three locations.
(3) The provisions of this subsection shall terminate on October 1, 2000.
(P.A. 87-441, S. 3, 5; P.A. 90-238, S. 30, 32; P.A. 91-182; P.A. 92-70, S. 1; 92-166, S. 10, 31; May Sp. Sess. P.A. 92-11, S. 31, 70; P.A. 94-33; 94-50; P.A. 95-250, S. 1; 95-296, S. 4, 5; P.A. 96-77, S. 1, 17; 96-211, S. 1, 5, 6; 96-249, S. 1,
14; P.A. 99-243, S. 1, 2.)
History: P.A. 90-238 substituted "real property" for references to land, applied provisions to "very low income families",
inserted new Subsec. (b) re conveyance of title to or interest in real property or structures upon it by nonprofit corporation
holding title which acquired the property with state financial assistance, relettering former Subsec. (b) as (c); P.A. 91-182
amended Subsec. (a) to authorize the commissioner to prescribe terms and conditions for acquisition of real property under
section and to permit ancillary housing related services on property acquired under section, inserted new Subsec. (c) to
provide for certain transfers relettering former Subsec. (c) as (d) and added new Subsec. (e) to define housing-related
services and facilities; P.A. 92-70 amended Subsec. (b) to add provision regarding sale by nonprofit corporations of
condominiums acquired with financial assistance under section; P.A. 92-166 amended Subsec. (a) by making loans and
deferred loans a form of financial assistance available under section and providing that payments on interest are due
immediately but that payments on principal may be made at a later time and made technical changes to Subsec. (d),
consistent with changes in Subsec. (a); May Sp. Sess. P.A. 92-11 made a technical change in Subsec. (b); P.A. 94-33
amended Subsec. (a) by adding provision that the commissioner of housing notify a municipality in which an application
to complete a partially constructed housing development has been filed; P.A. 94-50 amended Subsecs. (a) and (b) by adding
provision re subordination of use condition in the case of a subsequent first mortgage or requirement of a government
program; 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. 95-296 inserted new Subsec. (d) re lease of property acquired
with financial assistance under section and relettered former Subsecs. (d) and (e) accordingly, effective July 6, 1995; P.A.
96-77 amended Subsec. (d) to replace reference to "section 34-44" with "section 34-301", effective July 1, 1997; P.A. 96-249 inserted new Subsec. (e) authorizing conveyance to municipalities upon failure of nonprofit corporation to fulfill
development plan and relettered remaining Subsecs. accordingly, effective June 6, 1996; P.A. 99-243 added Subsec. (h)
re authority of commissioner, under certain circumstances, to convey land acquired under this section, effective June
29, 1999.
See Secs. 47-301 to 47-304, inclusive, re community land trusts.
Sec. 8-214e. Bond issue. (a) For the purposes described in sections 8-214b to 8-214d, inclusive, the State Bond Commission shall have the power, from time to time,
to authorize the issuance of bonds of the state in one or more series and in principal
amounts not exceeding in the aggregate one million dollars. The proceeds of the sale
of such bonds shall be deposited in the fund designated the "Community Housing Land
Bank and Land Trust Fund" and used by the Department of Economic and Community
Development to make the grants-in-aid, loans or deferred loans pursuant to subsection
(a) of section 8-214d.
(b) All provisions of section 3-20, or the exercise of any right or power granted
thereby, which are not inconsistent with the provisions of this section, are hereby adopted
and shall apply to all bonds authorized by the State Bond Commission pursuant to this
section, and temporary notes in anticipation of the money to be derived from the sale
of any such bonds so authorized may be issued in accordance with said section 3-20
and from time to time renewed. Such bonds shall mature at such time or times not
exceeding twenty years from their respective dates as may be provided in or pursuant
to the resolution or resolutions of the State Bond Commission authorizing such bonds.
None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed
by or on behalf of the Commissioner of Economic and Community Development and
states such terms and conditions as said commission, in its discretion, may require. Said
bonds issued pursuant to this section shall be general obligations of the state and the full
faith and credit of the state of Connecticut are pledged for the payment of the principal of
and interest on said bonds as the same become due, and accordingly and as part of the
contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.
(P.A. 87-441, S. 4, 5; P.A. 90-230, S. 99(b), 101; P.A. 92-166, S. 11, 31; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 90-230 provided that "section 8-314e of the general statutes, appearing on page 594 of volume 2 of
the general statutes, revised to 1989, shall be known as section 8-214e unless and until renumbered by the legislative
commissioners"; P.A. 92-166 amended Subsec. (a) to make technical change adding provision re loans and deferred loans,
consistent with 1992 public acts; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with
Commissioner and Department of Economic and Community Development.
Sec. 8-214f. Financial assistance for development of limited equity cooperatives and mutual housing. (a) As used in this section and sections 8-214g and 8-214h,
"limited equity cooperative" shall have the same meaning as provided in section 47-242.
(b) As used in this section and sections 8-214g and 8-214h, "mutual housing association" means a nonprofit corporation, incorporated pursuant to chapter 602 or any predecessor statutes thereto, and having articles of incorporation approved by the Commissioner of Economic and Community Development in accordance with regulations
adopted pursuant to section 8-79a or 8-84, having as one of its purposes the prevention
and elimination of neighborhood deterioration and the preservation of neighborhood
stability by affording community and resident involvement in the provision of high
quality, long-term housing for low and moderate income families in which residents (1)
participate in the ongoing operation and management of such housing, (2) have the right
to continue residing in such housing for as long as they comply with the terms of their
occupancy agreement, and (3) have an ownership interest in such occupancy agreement
conditional upon compliance with its terms but do not possess an equity interest in such
housing.
(c) The state, acting by and through the Commissioner of Economic and Community
Development, may enter into a contract with a nonprofit corporation, as defined in
section 8-39, to provide financial assistance for the development of limited equity cooperatives for low and moderate income families. State financial assistance provided under
this subsection may be in the form of grants, loans, deferred loans or any combination
thereof and may be used for the acquisition or development of housing sites and for the
costs incurred in the development of limited equity cooperatives. In the case of a deferred
loan, the contract shall require that payments on interest are due immediately but that
payments on principal may be made at a later time. Any nonprofit corporation which
receives such assistance shall require that members who participate in the cooperative
project for which assistance was requested under this section contribute their labor during the development or operation of the cooperative, or make a cash contribution to
become a member of the cooperative, or both.
(d) The state, acting by and through the Commissioner of Economic and Community
Development, may enter into a contract with a mutual housing association to provide
financial assistance for the development of housing for low and moderate income families. State financial assistance provided under this subsection may be in the form of
grants, loans, deferred loans or any combination thereof and may be used for the acquisition or development of housing sites and for the costs incurred in the development of
such housing. Contracts for state financial assistance provided under this subsection
shall provide that the mutual housing association: (1) Require resident members to pay
a membership fee as a condition of eligibility for occupancy of a dwelling unit, provided
such membership fee shall be refundable to the resident member, with nominal interest,
when the resident member vacates such unit; (2) may allow, in fixing the rentals for
dwelling units, for a reasonable return on equity capital contributed to the development
of such housing through mutual housing association membership fees or grants obtained
from sources other than the state, provided such return on equity capital shall be utilized
by the association to develop additional dwelling units; and (3) shall permit continued
occupancy by resident members whose incomes rise above low and moderate income
limits, provided the rent to be paid for such continued occupancy shall be fixed at a
level not less than twenty-five per cent of the resident members' adjusted household
income, and provided any increased rent collected for continued occupancy shall be
used by the association to develop additional dwelling units for low and moderate income
families or shall be credited against the rent owed by another low or moderate income
resident member of the association.
(e) On and after the effective date of regulations adopted under section 8-437, the
Commissioner of Economic and Community Development shall not accept any application for state financial assistance pursuant to this section except an application for a
project or development not qualifying for financial assistance pursuant to section 8-433.
(P.A. 87-417, S. 5-7, 10; P.A. 92-70, S. 2; 92-166, S. 12, 31; P.A. 93-309, S. 22, 29; P.A. 93-435, S. 76, 95; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; 96-256, S. 175, 209.)
History: P.A. 92-70 amended Subdiv. (3) of Subsec. (b) to revise the definition of mutual housing associations to
provide residents with an ownership interest in their occupancy agreement; P.A. 92-166 amended Subsec. (c) by making
deferred loans a form of financial assistance available under the section and providing that payments on interest are due
immediately but that payments on principal may be made at a later time and made technical changes to Subsec. (b),
consistent with changes in Subsec. (a); P.A. 93-309 added new Subsec. (e) prohibiting the commissioner of housing, on
and after July 1, 1994, or the effective date of regulations adopted under Sec. 8-437, from accepting applications for housing
developments that qualify for financial assistance under Sec. 8-433, effective July 1, 1993; P.A. 93-435 amended Subsec.
(e) by deleting reference to "July 1, 1994," re the deadline for the receipt by the commissioner of housing of certain
applications for state financial assistance, and made technical changes, effective July 1, 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. 96-256 amended Subsec. (b) to replace reference to "chapter 600" with "chapter 602 or any predecessor
statutes thereto", effective January 1, 1997.
Sec. 8-214g. Limited Equity Cooperative and Mutual Housing Fund. (a) The
proceeds from the sale of bonds issued for the purposes of sections 8-214f to 8-214h,
inclusive, authorized pursuant to any authorization, allocation or approval of the State
Bond Commission made prior to July 1, 1990, and of any notes issued in anticipation
thereof as may be required for such purposes shall be deposited in a fund to be known
as the "Limited Equity Cooperative and Mutual Housing Fund", which fund shall be
used to provide the financial assistance authorized by subsections (c) and (d) of section
8-214f. Payments from the Limited Equity Cooperative and Mutual Housing Fund to
nonprofit corporations pursuant to said subsections shall be made by the State Treasurer
on certification of the Commissioner of Economic and Community Development in
accordance with the contract for financial assistance between the state and such nonprofit
corporation.
(b) Subject to the approval of the Governor, any administrative or other costs or
expenses incurred by the state in carrying out the provisions of sections 8-214f to 8-214h,
inclusive, including but not limited to hiring employees and entering into contracts, may
be paid from the Limited Equity Cooperative and Mutual Housing Fund.
(P.A. 87-417, S. 8, 10; P.A. 90-238, S. 18, 32; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 90-238 revised provisions re allocation of moneys to housing funds; P.A. 95-250 and P.A. 96-211 replaced
Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
Sec. 8-214h. Regulations. The Commissioner of Economic and Community Development shall adopt regulations, in accordance with the provisions of chapter 54, to
carry out the purposes of sections 8-214f and 8-214g.
(P.A. 87-417, S. 9, 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.
Sec. 8-215. Tax abatement for housing for low or moderate-income persons.
Any municipality may by ordinance provide for the abatement in part or in whole of
real property taxes on any housing solely for low or moderate-income persons or families
and may by ordinance classify the property on which such housing is situated as property
used for housing solely for low or moderate-income persons or families. Such tax abatement shall be used for one or more of the following purposes: (1) To reduce rents below
the levels which would be achieved in the absence of such abatement and to improve
the quality and design of such housing; (2) to effect occupancy of such housing by
persons and families of varying income levels within limits determined by the Commissioner of Economic and Community Development by regulation, or (3) to provide necessary related facilities or services in such housing. Such abatement shall be made pursuant
to a contract between the municipality and the owner of any such housing, which contract
shall provide the terms of such abatement, that moneys equal to the amount of such
abatement shall be used for any one or more of the purposes herein stated, and that
such abatement shall terminate at any time when such housing is not solely for low or
moderate-income persons or families.
(1967, P.A. 522, S. 18; P.A. 73-642, S. 1; P.A. 77-614, S. 295, 610; P.A. 79-598, S. 16; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 73-642 allowed municipalities to classify property as solely for use for housing for low and moderate-income families by ordinance; P.A. 77-614 specified commissioner of economic development, previously "commissioner"
referred to commissioner of community affairs, effective January 1, 1979; P.A. 79-598 substituted commissioner of housing
for commissioner of economic development; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of
Housing with Commissioner and Department of Economic and Community Development.
Cited. 170 C. 556, 559.
Tax abatement constitutes subsidy to landlord supporting conclusion that activities of landlord are "state action" re
federal constitution. 33 CS 15, 17.
Sec. 8-216. State reimbursement for tax abatements. Payment in lieu of taxes
on housing authority or state land. (a) The state, acting by and in the discretion of the
Commissioner of Economic and Community Development, may enter into a contract
with a municipality for state financial assistance for housing, or any part thereof, solely
for low or moderate-income persons or families, or for housing or any part thereof, on
property classified by the municipality pursuant to section 8-215, for use for housing
solely for low or moderate-income persons or families, in the form of reimbursement
for tax abatements under said section, provided the construction or rehabilitation of such
housing shall have been commenced after July 1, 1967, or, in the case of apartment
buildings containing three or more stories, under construction on July 1, 1967. Such
contract shall provide for state financial assistance in the form of a state grant-in-aid to
the municipality not to exceed the amount of taxes abated by the municipality pursuant
to section 8-215, provided no payment shall be made to any municipality under any
contract entered into on or after October 1, 1973, unless the assessment on such housing
or part thereof is determined as provided in section 8-216a except when such contract
is a modification, amendment, or replacement of a contract already in existence on or
before October 1, 1973. In such contract the commissioner may require assurances that
the amount of tax abatement will be used for the purposes stated in section 8-215, and
that the commissioner shall have the right of inspection to determine that said purposes
are being achieved. With respect to housing for which tax abatement has been provided
pursuant to said section 8-215, such grant-in-aid shall be paid to the municipality each
year, in an amount not to exceed the tax abatement for such year, so long as the housing
continues to fulfill the purposes stated in said section, but in no case shall payments of
such state financial assistance continue for more than forty consecutive fiscal years of
the municipality.
(b) The state, acting by and in the discretion of the Commissioner of Economic and
Community Development, may enter into a contract with a municipality and the housing
authority of the municipality or with the Connecticut Housing Finance Authority or any
subsidiary created by the authority pursuant to section 8-242a or 8-244 to make payments
in lieu of taxes to the municipality on land and improvements owned or leased by the
housing authority or the Connecticut Housing Finance Authority under the provisions
of part II of chapter 128 or under the provisions of sections 8-430 to 8-438, inclusive.
On and after July 1, 1997, the time period of the contract may include the remaining
years of operation of the project. Such payments shall be made annually in an amount
equal to the taxes that would be paid on such property were the property not exempt
from taxation, and shall be calculated by multiplying the assessed value of such property,
which shall be determined by the tax assessor of such municipality in the manner used
by such assessor for assessing the value of other real property, by the applicable tax rate
of the municipality. Such contract shall provide that, in consideration of such grant-in-aid, the municipality shall waive during the period of such contract any payments by
the housing authority or the Connecticut Housing Finance Authority to the municipality
under the provisions of section 8-71, and shall further provide that the amount of the
payments so waived shall be used by the housing authority or the Connecticut Housing
Finance Authority for a program of social and supplementary services to the occupants
or shall be applied to the operating costs or reserves of the property, or shall be used to
maintain or improve the physical quality of the property.
(c) The state, after it has entered into a contract with a municipality for financial
assistance under this section, shall have the right to appeal or make application for relief
from any assessment of any real property with respect to which reimbursement for tax
abatement or a payment in lieu of taxes is made, in the manner provided by sections
12-111 to 12-119, inclusive, and no increase in assessed valuation of such property after
such contract has been entered into shall be binding upon the commissioner unless notice
of such increase has been given to the commissioner in the manner provided for giving
notice of such an increase to the owners of real property. In any such proceeding the
state shall have the same procedural rights as the owner of such property and shall act
in accordance with the procedures and rules of law applicable to such owner.
(d) The state, acting by and in the discretion of the Commissioner of Economic
and Community Development, may enter into a contract with a municipality to make
payments in lieu of taxes to the municipality on land and improvements owned or leased
by said commissioner pursuant to chapter 129. Such payments shall be made annually
in an amount equal to the taxes that would be paid on such property were the property
not exempt from taxation, and shall be calculated by multiplying the assessed value of
such property, which shall be determined by the tax assessor of such municipality in
the manner used by such assessor for assessing the value of other real property, by the
applicable tax rate of the municipality. Such contract shall provide that, in consideration
of such grant-in-aid the municipality shall waive any payments by the state to the municipality under the provisions of a cooperation agreement between the municipality and
said commissioner.
(e) The financial assistance authorized by subsection (a) of this section shall not be
extended to assist housing sponsored by a profit-motivated sponsor, unless the commissioner, upon advice by the United States Department of Housing and Urban Development or the Connecticut Housing Finance Authority shall determine that the mortgage
loan financing such housing would not be insurable or feasible in the absence of such
assistance.
(f) The Commissioner of Economic and Community Development may amend any
contracts entered into prior to October 1, 1969, under subsection (a) of this section, by
increasing, up to a maximum of forty consecutive fiscal years of the municipality, the
term of reimbursement for tax abatements provided for therein.
(1967, P.A. 522, S. 19; 1969, P.A. 137, S. 1, 2; 590; 683, S. 3; 808; P.A. 73-642, S. 2; P.A. 75-312, S. 1, 2; 75-465, S.
6, 7; P.A. 77-614, S. 296, 610; P.A. 79-598, S. 17; P.A. 93-309, S. 23, 29; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A.
97-244, S. 2, 13; May Sp. Sess. P.A. 04-2, S. 93.)
History: 1969 acts amended Subsec. (a) to allow reimbursement for tax abatements on apartment building of at least
three stories under construction on July 1, 1967, and to change limit for payments from twenty to forty consecutive fiscal
years, amended Subsec. (b) to delete references to state-owned or leased land and improvements and to state payments
under Sec. 8-71, to provision of cooperative agreements between municipality and state or housing authority and to chapter
129 and restated uses to which waived payments shall be put and added Subsecs. (d) to (f), inclusive, concerning state-owned
or leased property, profit-motivated sponsors of housing and contract amendments to increase term for reimbursement; P.A.
73-642 amended Subsec. (a) to include housing on property classified for use for low and moderate-income housing, to
state that grants-in-aid not exceed amount of abatement rather than that they equal abatements and added proviso governing
contracts on or after October 1, 1973; P.A. 75-312 amended Subsec. (e) to replace advice of Federal Housing Administration
with advice of Department of Housing and Urban Development or Connecticut Housing Finance Authority and to allow
assistance if financing not otherwise "feasible"; P.A. 75-465 amended Subsec. (b) to allow use of amount of waived
payment for operating costs or for maintaining and improving property; P.A. 77-614 specified commissioner of economic
development, previously "commissioner" applied to commissioner of community affairs, effective January 1, 1979; P.A.
79-598 substituted commissioner of housing for commissioner of economic development; P.A. 93-309 amended Subsec.
(b) by adding provision authorizing payments on land or improvements leased or owned under the provision of Sec. 8-433 to 8-437, inclusive, effective July 1, 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. 97-244 amended Subsec.
(b) to provide that time of the contract may include remaining years of operation of the project, effective July 1, 1997;
May Sp. Sess. P.A. 04-2 amended Subsec. (b) by adding references to Connecticut Housing Finance Authority or subsidiary
created by the authority under Sec. 8-242a or 8-244, effective May 12, 2004.
See Sec. 8-226 re use of prior bond proceeds for purposes of this section.
Cited. 206 C. 711, 726.
Tax abatement constitutes a subsidy to landlord supporting conclusion that activities of landlord are "state action" re
federal constitution. 33 CS 15, 17.
Subsec. (b):
Cited. 12 CA 499, 506, 507.
Sec. 8-216a. Capitalized value of net rental income, basis for property valuation. (a) The provisions of any other general statute or special act to the contrary notwithstanding, the present true and actual value of the real property classified as property
used for housing solely for low or moderate-income persons or families pursuant to
section 8-215, on which rents or carrying charges are limited by regulatory agreement
with, or otherwise regulated by, the federal or state government or department or agency
thereof, shall be based upon and shall not exceed the capitalized value of the net rental
income of the housing project. For purposes of sections 8-215, 8-216 and this section,
such net rental income means the gross income of the project as limited by the schedule
of rents or carrying charges, less reasonable operating expenses and property taxes.
(b) Any modification, amendment, or replacement of a contract already in existence
on or before October 1, 1973, shall not be subject to the provisions of subsection (a) of
this section without the mutual consent of the parties thereto.
(P.A. 73-642, S. 3, 4.)