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.)
Sec. 8-216b. Housing site development agencies. Financial assistance for housing and community development projects. Regulations. (a) As used in this section,
"housing site development agency" means any economic development agency, human
resource development agency, redevelopment agency, community development
agency, housing authority or municipal developer designated by the legislative body of
a municipality to carry out a housing and community development project within 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 housing site development
agency to provide financial assistance in the form of a grant-in-aid to the agency for the
purpose of carrying out the activities set forth in subsection (c) of this section in connection with a housing and community development project which supports the development of housing which will be sold or rented at prices affordable to persons and families
of low and moderate income. The commissioner shall require that the housing site development agency carry out any such project in accordance with a housing and community
development plan approved by the commissioner, which plan shall include: (1) A description of the project area and the condition, type and use of the structures located
therein; (2) a description of any relocation required as a result of the project and a plan
for such relocation; (3) a summary of any zoning regulations covering the project area
and any amendments to such regulations which may be necessary; (4) a description of
all real property to be acquired and all buildings and structures to be demolished or
rehabilitated; (5) a description of all infrastructure improvements to be made, including
an analysis of how such improvements will benefit low and moderate income persons
and families; (6) the relationship of the project to local objectives concerning land use,
housing needs and the development of public, community and recreational facilities;
(7) the sources, types and amounts of project financing; and (8) a statement as to whether
the project will displace site occupants from their dwelling units and, if so, a description
of the steps which will be taken to minimize such displacement, to mitigate the adverse
affects of such displacement on low and moderate income persons and to provide for
the relocation assistance required by chapter 135. No grant-in-aid awarded by the commissioner under this section may exceed two-thirds of the net cost of the activities set
forth in subsection (c) of this section which are carried out in connection with the project.
(c) Any grant-in-aid awarded to a housing site development agency for a housing
and community development project under this section shall be used for one or more
of the following activities: (1) Acquisition of real property for housing or community
facilities; (2) rehabilitation of buildings for use as housing or community facilities; (3)
improvements supporting the development of low and moderate housing, including site
assemblage and preparation, site and public improvements and preconstruction costs;
(4) construction, rehabilitation or renovation of community facilities or infrastructure
supporting community facilities, including neighborhood centers, centers for the handicapped, senior centers, historic properties, public utilities, streets, street lighting, parking
facilities, sewer and drainage facilities, parks, playgrounds, and recreation facilities; (5)
removal of architectural barriers which restrict the mobility and accessibility of elderly
and handicapped persons; (6) relocation payments and assistance to individuals and
families; (7) building, health and housing code enforcement activities; and (8) reasonable administrative costs incurred by the grantee in connection with the project. A redevelopment agency acting as a housing site development agency shall have the power to
condemn real property, in accordance with the procedures set forth in sections 8-129
to 8-133, inclusive, for the purpose of a housing and community development project.
(d) Any real property acquired with the use of any grant-in-aid awarded under this
section by a housing site development agency in connection with a housing and community development project for use as housing predominantly for persons and families of
low and moderate income, including any such property acquired for use as commercial
and community facilities designed to serve such housing, may be transferred for consideration which is less than cost or fair market value to (1) a housing authority or (2) a
person, firm or corporation who the commissioner determines is subject to the regulation
or supervision of operations, rents, charges, income, or sales price with respect to such
real property under a regulatory agreement or other instrument which restricts occupancy of such housing predominantly to persons and families whose income does not
exceed one hundred per cent of the area median income, as determined by the United
States Department of Housing and Urban Development.
(e) The state, acting by and in the discretion of the Commissioner of Economic and
Community Development, may enter into a contract with a nonprofit corporation for
state financial assistance for a housing and community development project under this
section. Such financial assistance shall be in the form of a grant-in-aid in an amount not
to exceed two-thirds of the net cost of the activities set forth in subsection (c) of this
section which are carried out in connection with the project and shall be made only to
a nonprofit corporation which has secured a commitment for mortgage financing from
the United States Department of Housing and Urban Development or the Farmers' Home
Administration. Such project shall conform to the requirements of this section and such
other requirements as the commissioner may prescribe.
(f) The Commissioner of Economic and Community Development shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of
this section.
(g) 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. 88-280, S. 1; P.A. 89-127, S. 1, 2; P.A. 90-205, S. 4; 90-238, S. 19, 32; P.A. 91-398, S. 5, 7; P.A. 93-309, S. 24,
29; P.A. 93-435, S. 77, 95; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 89-127 deleted requirement that project be part of a coordinated neighborhood rehabilitation and revitalization effort in a predominantly residential area; P.A. 90-205 amended Subsec. (a) by deleting requirement that designation
of a housing site development agency be by ordinance; P.A. 90-238 amended Subdiv. (a) of Subsec. (c) to provide that
the administrative costs referred to are those of the grantee; P.A. 91-398 amended Subsec. (c) by authorizing redevelopment
agencies acting as housing site development agencies to condemn real property; P.A. 93-309 added new Subsec. (g)
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. (g) 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.
Sec. 8-216c. Pilot program of postconstruction permanent financing of not
more than five developments of affordable housing. Terms. Eligibility for financial
assistance. Monitoring of projects. Exemption from certain provisions of the general statutes. Report. (a) As used in this section, "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.
(b) The Commissioner of Economic and Community Development shall establish
a pilot program of financial assistance in the form of loans, deferred loans and grants-in-aid to nonprofit corporations for not more than five developments of rental, mutual
or limited equity cooperative housing for low and moderate income persons and families.
Financial assistance provided under this section shall be on such terms and conditions
as prescribed by the commissioner and shall be in an amount equal to one hundred per
cent of the cost incurred for the acquisition of land and buildings, construction and any
other costs determined by the commissioner to be reasonable and necessary. Financial
assistance shall be for permanent financing only and shall not be used for construction
financing. Any development receiving financial assistance under this section shall not
be eligible for construction financing under any program operated by the Department
of Economic and Community Development or the Connecticut Housing Finance Authority. Financial assistance shall be released upon (1) completion of a development
in accordance with plans and specifications approved by the commissioner and final
inspection by the commissioner, (2) issuance of a certificate of occupancy by the building official of the municipality in which the housing is located and (3) the signing of
leases for eighty per cent of the units in the development. The commissioner may enter
into an agreement with a nonprofit corporation for financial assistance under this section
upon approval of the development by the State Bond Commission. Applicants receiving
financial assistance under this section may retain not more than ten per cent of such
assistance as a developer's administrative fee. The commissioner, upon request of the
developer of an approved development, may advance financial assistance to reimburse
such developer for costs incurred prior to a construction loan closing, provided such
costs were included in the development budget approved by the commissioner. Any
loan or deferred loans made under this program shall bear interest at a rate not exceeding
three per cent per annum and shall be for a term of not less than twenty-five but not
more than forty years.
(c) To be eligible for financial assistance under this section a development shall:
(1) Consist of not more than thirty units per development and may have from one to
four bedrooms per unit, with priority being given to units with three or four bedrooms;
(2) be in conformance with all local zoning and other applicable land use requirements;
(3) be within total development cost limits based on annual high cost limits for housing
established by the United States Department of Housing and Urban Development under
the Section 221d(3) program as described in 12 USC 1715l; (4) be occupied not more
than eighteen months after the date of approval by the State Bond Commission; (5) be
marketed pursuant to an affirmative fair housing marketing plan; and (6) be consistent
with the criteria of the state comprehensive housing affordability strategy adopted under
the Cranston-Gonzalez National Affordable Housing Act (42 USC 12705).
(d) The commissioner shall select developments for funding by a competitive process based on consideration of the following: (1) The record of the applicant in providing
housing for low and moderate income persons and families; (2) total development costs
based on unit size relative to such costs in other applications; and (3) the number of
three or four bedroom units in the proposed development.
(e) Applicants shall provide the commissioner with the following: (1) Evidence of
zoning compliance and of site control; (2) a letter of interest from a construction financing source; (3) a statement showing sources of funding and that development costs are
within costs limits established for financial assistance under this section; (4) an operating
statement showing rents or carrying costs and operating costs, including taxes and debt
service; (5) a letter of interest from a general contractor that includes a construction
price; (6) a construction cost budget; (7) architectural plans and outline specifications;
(8) evidence of the marketability of the units in the developments at the proposed rent;
(9) a projected time frame for the completion of the development until occupancy; and
(10) any other reasonable documentation requested by the commissioner to verify the
feasibility of the development.
(f) Notwithstanding the provisions of the general statutes, any requirement that
state-assisted rental housing be limited to families whose total housing cost is less than
a specific per cent of their adjusted gross income shall not apply to projects receiving
financial assistance under this section unless the occupant is receiving federal or state
rental assistance or the project was constructed under a federal program requiring such
limitations.
(g) The commissioner may monitor each project receiving financial assistance under this section after completion and occupancy. The commissioner may require the
applicant to submit periodic reports on the development concerning operation and financial status, including a description of rents.
(h) Notwithstanding the provisions of the general statutes, an applicant receiving
financial assistance under this section shall not be required to comply with the provisions
of the general statutes or regulations adopted thereunder concerning (1) competitive
bidding; (2) procedures for the selection of a contractor, architect, engineer, appraiser
or lawyer; and (3) design review standards. The selection of any professional services
shall be at the discretion of the applicant and subject to the approval of the construction
financing source.
(i) On or before January 1, 1995, the commissioner shall submit a report to the select
committee of the General Assembly on housing on the program established under this
section.
(P.A. 93-420, S. 1, 3; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; 96-256, S. 176, 209.)
History: P.A. 93-420 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 the
definition of "nonprofit corporation" to replace reference to "chapter 600" with "chapter 602 or any predecessor statutes
thereto", effective January 1, 1997.
Sec. 8-217. Community housing development corporations. A community
housing development corporation may qualify for assistance under section 8-218 provided: (1) It shall be organized for purposes other than to make a profit or gain for itself
and shall not be controlled or directed by persons or firms seeking to derive profit or
gain therefrom; (2) it shall be organized to finance, acquire, construct or rehabilitate
housing as defined in this section; (3) except for any corporation specially chartered by
the General Assembly, it shall be designated by the governing body of a municipality
or by a joint resolution of the governing bodies of two or more municipalities to enter
into contracts with the state as provided for in section 8-218. Any municipality which
has designated any such corporation pursuant to a joint resolution with any other municipality may, at any time, rescind such designation, provided no such rescission shall
affect any projects actually under construction or contract. As used in this section and
section 8-218, "housing" means dwelling units, and includes any incidental commercial
units located on the first floor of any multistory mixed use building, acquired, constructed or rehabilitated and sold or leased under any provisions of any statute of the
United States or this state which restricts ownership or occupancy to families or individuals whose incomes do not exceed limits prescribed by such statute or by regulatory
agreement.
(1967, P.A. 522, S. 20; 1969, P.A. 683, S. 1; P.A. 77-483, S. 1; P.A. 81-126, S. 1; 81-133.)
History: 1969 act deleted requirement that housing development corporation be "organized as a nonstock corporation
pursuant to chapter 600", excluded corporations specially chartered by legislature from provision concerning contracts
with state and redefined "housing" by substituting "dwelling units" for "housing" and by deleting references to federal
Housing Acts of 1937 and 1961; P.A. 77-483 amended Subdiv. (2) to require corporation to "be organized to" provide
housing; P.A. 81-126 included incidental commercial units in definition of housing, and required corporation to be organized to "finance, acquire, construct or rehabilitate" housing rather than to "provide" housing; P.A. 81-133 provided for
joint action by two or more municipalities.
Cited. 170 C. 556, 559.
Sec. 8-218. State financial assistance to community development corporations
and eligible developers. Funds for rehabilitation and acquisition. Grants-in-aid to
community development corporations for accessible housing. Grants for conversion of adaptable living units into units accessible to persons with disabilities.
Grants-in-aid to community housing development corporations for capacity building. Regulations. (a) The state, acting by and in the discretion of the Commissioner of
Economic and Community Development, may enter into a contract with a community
housing development corporation or an eligible developer, as defined in section 8-39,
for state financial assistance in the form of (1) a state grant-in-aid, loan, deferred loan,
advance or any combination thereof equal to the cost to the community housing development corporation or eligible developer, as approved by the commissioner, of developing
or rehabilitating low and moderate income housing under section 8-217, but limited to
the following expenses: Appraisals, title searches, legal fees, option agreements, architectural, engineering and consultants' fees, financing fees, closing costs and such other
expenses as may be financed by a mortgage loan under any federal or state housing
statute and incurred by a community housing development corporation or eligible developer prior to the disbursement of mortgage loan funds on account of such property;
provided, to the extent such expenses are recovered by the community housing development corporation or the eligible developer from the mortgage loan or from the proceeds
of a sale of such property, such expenses shall be repaid to the state or to a fund established pursuant to subsection (b) of this section; and (2) an additional grant-in-aid, loan,
deferred loan or advance to such corporation or such developer for the development of
housing which in the determination of the commissioner contains a substantial number
of dwelling units of three or more bedrooms provided (A) that the mortgage loan for
such housing shall be eligible for insurance by the United States Department of Housing
and Urban Development or for financing by the Connecticut Housing Finance Authority
or the Farmers' Home Administration, and (B) that the commissioner, after consultation
with the United States Department of Housing and Urban Development, the Connecticut
Housing Finance Authority or the Farmers' Home Administration, as the case may be,
shall have determined that the mortgage loan on such housing would not be insurable
in the absence of such additional financial assistance; such grant-in-aid, loan, deferred
loan or advance shall be in lieu of any assistance to said housing under section 8-216
and shall be equal to the additional cost of construction caused by the inclusion of such
dwelling units of three or more bedrooms in such housing, but in no event shall such
grant-in-aid, loan, deferred loan or advance be greater than ten per cent of the cost of
construction of such housing, as determined by the United States Department of Housing
and Urban Development, the Connecticut Housing Finance Authority or the Farmers'
Home Administration. The commissioner may require that any assistance in the form
of a loan or deferred loan be secured by a mortgage on such housing. In the case of a
deferred loan, the contract shall require that payments on all or a portion of the interest
are due currently but that payments on principal may be made at a later time.
(b) The state, acting by and in the discretion of the commissioner, may enter into
a contract with a community housing development corporation or an eligible developer
for state financial assistance in the form of a loan or deferred loan, which loan or deferred
loan shall be used to establish and administer a revolving loan fund for the construction,
rehabilitation and renovation of existing or planned low and moderate income housing,
as approved by the commissioner. Such fund may also consist of any state financial
assistance received from a contract between said commissioner and such community
housing development corporation or eligible developer entered into pursuant to subsection (a) of this section, any proceeds recovered by such corporation or developer from
any mortgage loan or from any loan or on account of such project or from the sale of such
project and funds from any other source. Such fund shall be used by such corporation or
developer, as approved by the commissioner, for the expenses of acquisition, development, project selection, construction, rehabilitation, renovation and oversight of existing
or planned low and moderate income housing or to make loans for construction, rehabilitation and renovation of such housing on such terms and conditions as the commissioner
may determine. Recipients of loans under this subsection for housing located in a distressed municipality, as defined in section 32-9p, may assign or prepay such loans with
the approval of the community housing development corporation. In the case of housing
developed or rehabilitated by a community housing development corporation in distressed municipalities as defined in section 32-9p, the policies of the Department of
Economic and Community Development adopted under section 8-37dd, and the regulations of the department adopted under this section shall apply only to that portion of
the assisted property which corresponds to the proportion of the state assistance to the
property's value. The number of income-limited housing units shall be determined by
multiplying the amount of the housing assistance by the total number of housing units
in the assisted housing and dividing the product by the fair market value of the property.
The result shall be rounded to the lower whole number. Notwithstanding the provisions
of any statute to the contrary or any regulation adopted under this section or section 8-37dd, or any other statute or regulation, limiting the income of occupants of housing
assisted under this section and not located in a distressed municipality, the income of
occupants of units assisted under this section and located in distressed municipalities
may be two hundred fifty per cent or less of the area median income, adjusted for family
size, as determined from time to time by the United States Department of Housing and
Urban Development.
(c) The state, acting by and in the discretion of the commissioner, may enter into a
contract with a community housing development corporation for state financial assistance within available appropriations in the form of a grant-in-aid which shall be used
by such community housing development corporation to provide grants, or to establish
a revolving loan fund to provide loans or deferred loans for the purpose of making
structural or interior or exterior modifications to any dwelling which may be necessary
to make such dwelling accessible to and usable by persons having physical or mental
disabilities. Such corporation may provide such grants, loans or deferred loans to (1)
any owner of a single-family or multifamily dwelling or (2) any tenant who furnishes
satisfactory evidence that the owner of the dwelling in which the tenant resides has
approved the intended structural or interior or exterior modifications. Any such loan or
deferred loan may be prepaid at any time, without penalty, and the commissioner shall
release the lien on the property. In the case of housing developed or rehabilitated by a
community housing development corporation in distressed municipalities as defined in
section 32-9p, the policies of the Department of Economic and Community Development adopted under section 8-37dd, and any regulation of the department adopted under
this section, shall apply only to that portion of the assisted property which corresponds
to the proportion of the state assistance to the property's value. The number of income-limited housing units shall be determined by multiplying the amount of the housing
assistance by the total number of housing units in the assisted housing and dividing the
product by the fair market value of the property. The result shall be rounded to the lower
whole number. Notwithstanding the provisions of any statute to the contrary or any
regulation adopted under this section limiting the income of occupants of housing assisted under this section and not located in a distressed municipality, the income of
occupants of units assisted under this section and located in distressed municipalities
may be two hundred fifty per cent or less of the area median income, adjusted for family
size, as determined from time to time by the United States Department of Housing and
Urban Development.
(d) The Commissioner of Economic and Community Development shall enter into
a contract with a community housing development corporation for state financial assistance in the form of a grant-in-aid which shall be used by such community housing
development corporation to provide grants for the purpose of conversion of adaptable
living units into units accessible to persons with disabilities and for reconversion of
such units to adaptable living units. Eligible applicants shall include any tenant or owner
of a unit in a complex or building subject to the provisions of section 29-273.
(e) The Commissioner of Economic and Community Development shall enter into
a contract with a community housing development corporation for state financial assistance in the form of a grant-in-aid which shall be used by such community housing
development corporation to provide grants, loans, deferred loans, loan guarantees, lines
of credit, or any combination thereof, to eligible developers for activities that build,
expand and enhance capacity, including, but not limited to, development of marketing
or neighborhood strategic plans, professional staff training, technical assistance, predevelopment expenses as provided in subsection (a) of this section and other activities
pursuant to section 8-217.
(f) The Commissioner of Economic and Community Development shall adopt regulations, in accordance with chapter 54, to administer the programs established under
subsections (c) and (d) of this section. Such regulations shall establish maximum income
levels for tenants and homeowners and provide for adjustment of income for family
size and medical expenses and may set maximum loan amounts for loans made under
subsection (c) that are not secured and for grants made under subsection (d).
(g) 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 (1) an application by a
community housing development corporation to establish or administer a loan fund
under subsection (b) or (2) an application for a project or development not qualifying
for financial assistance pursuant to section 8-433.
(1967, P.A. 522, S. 21; 1969, P.A. 683, S. 2; P.A. 77-483, S. 2; 77-614, S. 297, 610; P.A. 78-149, S. 1-3; P.A. 79-598,
S. 18; P.A. 81-126, S. 2; P.A. 83-258, S. 1, 2; P.A. 85-412; 85-461, S. 1, 4; P.A. 87-376, S. 1, 5; P.A. 88-268, S. 4, 6; P.A.
91-149, S. 1, 3; 91-338, S. 1, 3; P.A. 92-63; 92-166, S. 13, 31; P.A. 93-165, S. 5, 7; 93-241, S. 2, 3; 93-309, S. 25, 29; 93-435, S. 78, 95; P.A. 94-82, S. 1, 5; P.A. 95-250, S. 1; 95-296, S. 1, 5; P.A. 96-211, S. 1, 5, 6; P.A. 97-156, S. 1, 3; P.A.
04-237, S. 7.)
History: 1969 act included moderate-income housing under provisions of section, amended Subdiv. (5) to include
acquisition, repair, rehabilitation and construction of housing as well as development and to allow grants-in-aid specifically
"not immediately recoverable ... out of conventional mortgage financing" and added Subdiv. (6) concerning grants for
housing with three or more bedrooms; P.A. 77-483 replaced "Federal Housing Administration" with references to Department of Housing and Urban Development, Connecticut Housing Finance Authority and Farmers Home Administration;
P.A. 77-614 specified commissioner of economic development, previously "commissioner" had referred to commissioner
of community affairs, effective January 1, 1979; P.A. 78-149 included loans and advances and combinations of grants-in-aid, loans and advances as available financial assistance, allowed repayment to state or to specially created fund from
proceeds of sale as well as from mortgage, allowed commissioner to require mortgage as security for loans and added
Subsec. (b) re revolving fund for low and moderate-income housing; P.A. 79-598 substituted commissioner of housing
for commissioner of economic development; P.A. 81-126 clarified the acceptability of outside funds for the revolving loan
fund; P.A. 83-258 made technical changes in Subsec. (b); P.A. 85-412 amended Subsec. (b) to repeal provision requiring
loan fund administered by community housing development corporation to be revolving; P.A. 85-461 deleted former
Subdivs. (2) to (5), inclusive, in Subsec. (a), which had authorized state financial assistance to be used for administrative
and certain program costs, and renumbered the remaining subdivisions; P.A. 87-376 authorized financial assistance to
eligible developers under provisions of this section; P.A. 88-268 added Subsec. (c) re grants-in-aid to community housing
development corporations for making dwellings accessible to disabled persons; P.A. 91-149 amended Subsec. (c) to authorize financial assistance to include loans or deferred loans and made technical changes and added new Subsec. (d) re
regulations establishing maximum income levels; P.A. 91-338 inserted new Subsec. (d) authorizing grants for conversion
of adaptable living units into units accessible to persons with disabilities and for reconversion of such units to adaptable
living units relettering former Subsec. (d), added by P.A. 91-149, as Subsec. (e), and authorizing the commissioner to
adopt regulations for grants under Subsec. (d) and made technical changes; P.A. 92-63 amended Subsec. (c) to add provision
re prepayment; P.A. 92-166 amended Subsec. (a) 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. 93-165 amended Subsec.
(a) by making technical change re payment of interest, effective June 23, 1993; P.A. 93-241 inserted new Subsec. (e) re a
grant for capacity building and relettered former Subsec. (e) as Subsec. (f), effective June 23, 1993; P.A. 93-309 added
new Subsec. (g) 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. (g) 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. 94-82 amended Subsec. (e) by deleting provision requiring that the grant be made
from existing appropriations, effective May 25, 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. 95-296 amended Subsec.
(b) to authorize use of funds for development, project selection and oversight and to provide for assignment or prepayment
for loans made for housing located in a distressed municipality, effective July 6, 1995; P.A. 97-156 amended Subsec. (b)
to require loan fund administered by community housing development corporation to be revolving and to add provisions
re determination of the number of income-limited housing units in distressed municipalities developed or rehabilitated by
community housing development corporations, amended Subsec. (c) to make a technical change, to authorize financial
assistance to be used for revolving loan funds and to add provisions re determination of the number of income-limited
housing units in distressed municipalities developed or rehabilitated by community housing development corporations and
amended Subsecs. (d) and (e) to limit eligibility for financial assistance to community housing development corporations,
effective July 1, 1997; P.A. 04-237 amended Subsec. (d) to eliminate reference to "subsections (c) and (d) of" re Sec. 29-273.
See Sec. 8-226 re use of prior bond proceeds for purposes of this section.
Cited. 170 C. 556, 559.
Sec. 8-218a. Grants, loans and deferred loans to housing development corporations and eligible developers for public and private cooperation projects. (a) The
Commissioner of Economic and Community Development shall establish and administer a program of grants, loans and deferred loans to housing development corporations
which have qualified for state assistance under section 8-217, or to eligible developers,
as defined in section 8-39, for the purpose of making loans, loan guarantees and interest
subsidies in connection with the construction or rehabilitation of dwelling units for low
and moderate income persons. Such grants, loans or deferred loans shall be made only
to housing development corporations or eligible developers which have resources from
the private sector equal to or greater than the amount of the proposed grant, loan or
deferred loan. No loan, deferred loan, loan guarantee or interest subsidy shall derive
more than fifty per cent of its funds from any state grant, loan or deferred loan. In the
case of a deferred loan, the contract shall require that payments on all or a portion of
the interest are due currently but that payments on principal may be made at a later time.
(b) 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.
(June Sp. Sess. P.A. 83-33, S. 11, 17; P.A. 84-443, S. 6, 20; P.A. 85-43, S. 1, 2; P.A. 87-376, S. 2, 5; P.A. 92-166, S.
14, 31; P.A. 93-165, S. 6, 7; 93-309, S. 26, 29; 93-435, S. 79, 95; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 84-443 added loans to housing development corporations to the program; P.A. 85-43 reduced, from two
hundred per cent of grant or loan to amount of grant or loan, the amount of private sector resources housing development
corporations are required to have to be eligible for grants or loans; P.A. 87-376 authorized grants and loans to eligible
developers under provisions of this section; P.A. 92-166 made deferred loans a form of financial assistance available under
the section and further provided that payments on interest are due immediately but that payments on principal may be
made at a later time; P.A. 93-165 amended section by making technical change re payment of interest, effective June 23,
1993; P.A. 93-309 designated the existing section as Subsec. (a) and added new Subsec. (b) 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. (b) 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.
Sec. 8-218b. Bond issue. Housing Development Corporation Fund. (a) For the
purposes described in sections 8-217 to 8-218c, 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 the aggregate not exceeding eleven million dollars.
(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 sections 8-218 to 8-218c,
inclusive, are hereby adopted and shall apply to all bonds authorized by the State Bond
Commission pursuant to sections 8-218 to 8-218c, inclusive, 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 sections 8-218 to 8-218c, inclusive, 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.
(c) Such portion of the proceeds from the sale of such bonds and of any notes issued
in anticipation thereof as may be required for such purpose shall be applied to the principal of any such notes then outstanding and unpaid, and the remaining proceeds of any
such sale shall be deposited in a fund to be known as the "Housing Development Corporation Fund", which fund shall be used to make or provide for the grants, loans or deferred
loans authorized by sections 8-218 to 8-218c, inclusive. Payments from the "Housing
Development Corporation Fund" to housing development corporations or eligible
developers 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 corporation or developer. All payments of fees
by a corporation or developer on a grant, loan or deferred loan provided pursuant to
sections 8-218 to 8-218c, inclusive, financed from the proceeds of the state's general
obligation bonds issued pursuant to any authorization, allocation or approval of the State
Bond Commission made prior to July 1, 1990, shall be paid to the State Treasurer for
deposit in said fund. All payments of principal or interest by a corporation or developer
on a loan provided pursuant to sections 8-218 to 8-218c, inclusive, and all fees and
payments by a corporation or developer of state service charges not financed from the
proceeds of the state's general obligation bonds shall be paid to the State Treasurer for
deposit in the Housing Repayment and Revolving Loan Fund.
(June Sp. Sess. P.A. 83-33, S. 12, 17; P.A. 84-443, S. 7, 20; 84-546, S. 17, 173; P.A. 86-396, S. 12, 25; P.A. 87-376,
S. 3, 5; 87-405, S. 8, 26; P.A. 90-238, S. 20, 32; P.A. 92-166, S. 15, 31; P.A. 94-95, S. 4; P.A. 95-250, S. 1; P.A. 96-211,
S. 1, 5, 6.)
History: P.A. 84-443 increased authorization limit from five to seven million dollars; P.A. 84-546 made technical
changes; P.A. 86-396 increased bond authorization from seven million to nine million dollars; P.A. 87-376 added references
to Sec. 8-218 and added Subsecs. (c) and (d) re housing development corporation fund; P.A. 87-405 increased the bond
authorization from nine million dollars to eleven million dollars and provided that such authorizations could be used for
the purposes of sections 8-217 to 8-218c, inclusive, rather than solely for the purposes of section 8-218a; P.A. 90-238
revised provisions re state service fees and allocation of moneys to various housing funds; P.A. 92-166 amended Subsec.
(c) to make technical change adding provision re loans and deferred loans, consistent with 1992 public acts; P.A. 94-95
deleted former Subsec. (d) which had authorized investment of fund moneys in direct obligations of the U.S.; 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. 8-218c. Regulations. The Commissioner of Economic and Community Development shall adopt regulations in accordance with chapter 54 to carry out the purposes
of sections 8-218, 8-218a and 8-218b.
(June Sp. Sess. P.A. 83-33, S. 13, 17; P.A. 87-376, S. 4, 5; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 87-376 added reference to Sec. 8-218; 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. 8-218d. State financial assistance to community housing development
corporations for administrative expenses. Regulations. Report. Section 8-218d is
repealed.
(P.A. 85-461, S. 2, 4; P.A. 86-405, S. 10, 12; P.A. 87-482, S. 2, 3.)
Sec. 8-218e. State financial assistance for provision of technical assistance and
management training. The state, acting by and in the discretion of the Commissioner of
Economic and Community Development, may enter into a contract with the community
housing development corporation, as defined in section 8-217, which has been specially
chartered by the General Assembly pursuant to section 8-218f, for state financial assistance in the form of a state grant-in-aid to enable such corporation to provide technical
assistance and management training in the financing, acquisition, construction and rehabilitation of housing, as defined in said section 8-217, to families (1) whose incomes
do not exceed eighty per cent of the median household income for the area in which the
families reside and (2) who wish to establish limited equity cooperatives, as defined in
section 47-242, or housing cooperatives in which persons participate in the construction
or rehabilitation of their own dwellings. Any such grant shall only be made to said
community housing development corporation if it has resources from other sources in
an amount equal to or greater than one hundred per cent of the proposed grant. Such
other sources may include, but shall not be limited to, other governmental agencies, the
private sector, private foundations and charitable organizations.
(P.A. 86-405, S. 2, 12; 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. 8-218f. Community housing development corporations. Co-Opportunity,
Inc., the Local Initiatives Support Corporation, the Connecticut Housing Investment
Fund, Inc., Co-Op Initiatives, Inc., Greater New Haven Community Loan Fund, Inc.,
and Nutmeg Housing Development Corp. are hereby specially chartered as community
housing development corporations pursuant to the provisions of subdivision (3) of section 8-217 and shall have the power (1) to finance, acquire, construct and rehabilitate
housing, as defined in said section, and (2) to provide technical assistance and management training in the financing, acquisition, construction and rehabilitation of such housing to families (A) whose incomes do not exceed eighty per cent of the median household
income for the area in which the families reside and (B) in the case of families assisted
by Co-Opportunity, Inc., who wish to establish limited equity cooperatives, as defined
in section 47-242, or housing cooperatives in which persons participate in the construction or rehabilitation of their own dwellings. As community housing development corporations, Co-Opportunity, Inc. and the Local Initiatives Support Corporation may qualify
for assistance under sections 8-218 and 8-218e. Notwithstanding the provisions of sections 8-218, 8-218a and 8-218b and any regulations adopted thereunder, the Local Initiatives Support Corporation shall not be required to be organized pursuant to the provisions
of chapter 602 or any predecessor statutes thereto to qualify for financial assistance
under sections 8-218 and 8-218e.
(P.A. 86-405, S. 1, 12; P.A. 88-138, S. 1, 2; P.A. 93-241, S. 1, 3; P.A. 96-256, S. 177, 209; June Sp. Sess. P.A. 01-9,
S. 82, 131.)
History: P.A. 88-138 substituted Co-Opportunity, Inc. for El Hogar del Futuro, Inc.; P.A. 93-241 added provision
specially chartering the Local Initiatives Support Corporation as a community housing development corporation and
exempting it from the requirement of organization under Chapter 600 of the general statutes to qualify for financial assistance
under Secs. 8-218 and 8-218e, effective June 23, 1993; P.A. 96-256 replaced reference to "chapter 600" with "chapter 602
or any predecessor statutes thereto", effective January 1, 1997; June Sp. Sess. P.A. 01-9 added Connecticut Housing
Investment Fund, Co-op Initiatives, Greater New Haven Community Loan Fund and Nutmeg Housing Development Corp.
as community housing development corporations, effective July 1, 2001.
Sec. 8-218g. Determination of interest rate on loans to housing development
corporations. Any loans originated by the state pursuant to sections 8-218 and 8-218a
shall bear interest at a rate to be determined in accordance with subsection (t) of section
3-20.
(P.A. 87-416, S. 8, 24.)
Sec. 8-218h. Task force on building accessibility. Annual report to General
Assembly. (a) There is established a task force consisting of the cochairmen and ranking
members of the joint standing committee of the General Assembly having cognizance
of matters relating to public safety; the State Building Inspector or his designee; the
assistant director of the Office of Protection and Advocacy for Persons with Disabilities;
four representatives of the Home Builders Association, one of whom shall be appointed
by the president pro tempore of the Senate, one by the minority leader of the Senate,
one by the speaker of the House of Representatives and one by the minority leader of
the House of Representatives; and four members of the public having physical disabilities, two of whom shall be appointed by the Governor, one by the majority leader of the
Senate and one by the majority leader of the House of Representatives. On and after
July 1, 1990, the task force shall also consist of the Commissioner of Social Services,
or his designee; an additional representative of the Home Builders Association, who
shall be appointed jointly by the ranking members of the joint standing committee of
the General Assembly having cognizance of matters relating to public safety; and an
additional member of the public having a physical disability, who shall be appointed
jointly by the cochairpersons of said joint standing committee. On and after June 26,
1991, the task force shall also consist of the Commissioner of Economic and Community
Development, or his designee, and a representative of each community housing development corporation administering the program established under subsection (d) of section
8-218, appointed by the Commissioner of Economic and Community Development.
(b) The task force shall report its findings and recommendations, including any
proposed legislation, pursuant to this subsection, to the General Assembly and the joint
standing committee of the General Assembly having cognizance of matters relating to
public safety on or before January first annually.
(c) The task force shall: (1) Advise the housing development corporation administering the program established under subsection (d) of section 8-218; (2) study the feasibility of other funding sources for grants for the conversion of adaptable living units
into units accessible to persons with disabilities and for conversion of such units back
to adaptable living units; and (3) develop a plan to establish and maintain the registry
of adaptable units prepared by said task force.
(P.A. 88-315, S. 4, 5; S.A. 89-4; P.A. 90-300, S. 7, 8; P.A. 91-338, S. 2, 3; P.A. 93-262, S. 1, 87; P.A. 95-250, S. 1;
P.A. 96-211, S. 1, 5, 6.)
History: S.A. 89-4 extended deadline for report from December 1, 1988, to December 1, 1989; P.A. 90-300 amended
Subsec. (a) by expanding the task force to include the commissioner of human resources and an additional member of the
Home Builders Association and the public and added Subsec. (c) re a study of the availability of information on funding
to assist persons with disabilities with the cost of converting adaptable units into units accessible to and usable by such
persons; P.A. 91-338 amended Subsec. (a) by expanding the membership of the task force to include the commissioner of
housing and an additional representative of the Home Builders Association and the general public, amended Subsec. (b)
to delete reference to modification of the building code formula specified in Sec. 29-273 and delete the December 1, 1989,
due date for the report and to substitute in lieu thereof a report due January first annually and amended Subsec. (c) by
deleting prior language and substituting in lieu thereof provisions re advising on the program established under Subsec.
(d) of Sec. 8-218, study of funding sources and development of a plan for establishment and maintenance of a registry of
adaptable units; 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. 95-250 and P.A. 96-211 replaced Commissioner and
Department of Housing with Commissioner and Department of Economic and Community Development.
Sec. 8-219. State grants-in-aid for relocation costs of persons, businesses and
farms displaced by governmental action. Section 8-219 is repealed.
(1967, P.A. 522, S. 24; 1969, P.A. 594, S. 13.)
See Sec. 8-228 et seq. re successor relocation assistance provisions conditionally repealed by P.A. 838 of the 1971
session and chapter 135 re current provisions for relocation assistance.
Sec. 8-219a. Senior Citizen Emergency Home Repair and Rehabilitation
Fund. There is established a "Senior Citizen Emergency Home Repair and Rehabilitation Fund". The fund shall be used to make low interest loans or deferred loans authorized
by sections 8-219b and 8-219c, and for expenses incurred by the Commissioner of
Economic and Community Development in the implementation of the program established by this section and sections 8-219b and 8-219c. 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.
(P.A. 87-494, S. 1, 5; P.A. 92-166, S. 16, 31; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 92-166 made deferred loans a form of financial assistance available under the section and further provided
that payments on interest are due immediately but that payments on principal may be made at a later time; 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. 8-219b. Financial assistance to elderly homeowners for emergency repairs or rehabilitation. (a) The Commissioner of Economic and Community Development, acting on behalf of the state, may, in his discretion, enter into a contract with any
person who is sixty-two years of age or older and whose income does not exceed the
maximum qualifying income for eligibility for benefits under the program of tax relief
for certain elderly homeowners under section 12-170aa, to provide, based on the financial needs of such person, a grant-in-aid, loan or deferred loan to enable such person to
finance emergency repairs to or rehabilitation of a dwelling containing up to two residential units, provided such person shall be the owner of such dwelling and shall reside in
at least one of such units. 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.
(b) Such grant-in-aid, loan or deferred loan shall not exceed the principal amount
of ten thousand dollars, including such appraisals, inspections, closing costs and other
fees, and, in the case of grants-in-aid, loans or deferred loans financed from the proceeds
of the state's general obligation bonds issued pursuant to any authorization, allocation,
or approval of the State Bond Commission made prior to July 1, 1990, initial service
charges as the commissioner may by regulation approve. Any grant-in-aid, loan or deferred loan contracted for pursuant to sections 8-219a to 8-219c, inclusive, shall only
be used for repairs or rehabilitation necessary to permit the continued use of such dwelling for residential purposes.
(c) Any loan or deferred loan contracted for pursuant to sections 8-219a to 8-219c,
inclusive, shall be secured by a mortgage on the dwelling for which such loan or deferred
loan was made pursuant to subsection (a). If the recipient of such loan or deferred loan
assigns, transfers or otherwise conveys his interest in such dwelling, ceases to occupy
such dwelling or uses all or any part of the proceeds of such loan or deferred loan for
any purpose other than the emergency repair or rehabilitation of such dwelling, the
unpaid principal balance of said mortgage, together with interest thereon, shall, at the
option of the commissioner, become due and payable. If the recipient of any loan or
deferred loan is unable to repay the loan or deferred loan, the commissioner, at his
discretion, may adjust the interest rate, terms and conditions of the loan or deferred loan
to facilitate repayments.
(d) Repayment of any loan or deferred loan provided in accordance with sections
8-219a to 8-219c, inclusive, shall be subject to such interest rate, terms and conditions
as the commissioner may establish. In no case shall the interest rate exceed one per cent
above the rate of interest borne by the bonds of the state last issued prior to the date of
issue of such loan or deferred loan. In no case shall the term of such loan or deferred
loan exceed thirty years. Payments by recipients of any such loan or deferred loan shall
be paid to the State Treasurer and deposited in the General Fund of the state.
(e) In the case of any grant-in-aid, loan or deferred loan made pursuant to sections
8-219a to 8-219c, inclusive, the contract for such grant-in-aid, loan or deferred loan
shall provide that if the dwelling for which such grant-in-aid, loan or deferred loan was
made pursuant to subsection (a) ceases, within ten years of the date of such grant, loan
or deferred loan, to be used as a dwelling for the person to whom such grant, loan or
deferred loan was made, or if such person assigns, transfers or otherwise conveys his
interest in such dwelling, an amount equal to the amount of such grant, loan or deferred
loan, minus ten per cent for each full year which has elapsed since the date of such grant,
loan or deferred loan, shall be repaid to the state and that a lien shall be placed on such
dwelling in favor of the state to ensure that such amount will be repaid in the event of
such change in occupancy.
(P.A. 87-494, S. 2, 3, 5; P.A. 90-238, S. 21, 32; P.A. 92-166, S. 17, 31; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 90-238 revised provisions re initial service charges; P.A. 92-166 amended Subsec. (a) to make deferred
loans a form of financial assistance available under the section and further provided that payments on interest are due
immediately but that payments on principal may be made at a later time and amended Subsecs. (b) to (e), inclusive, to
make technical changes consistent with the changes in Subsec. (a); 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. 8-219c. Regulations. The Commissioner of Economic and Community Development shall adopt regulations, in accordance with the provisions of chapter 54,
providing for financial qualifications of grant and loan recipients, requirements to ensure
that grants-in-aid, loans or deferred loans awarded under sections 8-219a and 8-219b
are used only for repairs or rehabilitation necessary to permit continued use of the dwelling for residential purposes, requirements and limitations as to adjustments of terms and
conditions of repayment of loans, funding priorities and such additional requirements as
the commissioner deems necessary to carry out the purposes of said sections 8-219a
and 8-219b.
(P.A. 87-494, S. 4, 5; P.A. 92-166, S. 18, 31; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 92-166 made technical change adding provision re 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. 8-219d. Financial assistance to nonprofit corporations for administrative
expenses and technical assistance. Regulations. (a) The state, acting by and in the
discretion of the Commissioner of Economic and Community Development, may enter
into a contract to provide financial assistance in the form of grants-in-aid, loans or
deferred loans to nonprofit corporations, as defined in section 8-39, to assist such corporations with the costs of administrative expenses and technical assistance associated
with the development of housing for low and moderate income families and the elderly.
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.
(b) Any such grant-in-aid, loan or deferred loan shall be made only to a nonprofit
corporation which has resources for the costs listed under subsection (a) of this section
available from other sources in an amount equal to or greater than one hundred per cent
of the proposed grants, unless a nonprofit corporation has been incorporated for less
than two years, in which case the Commissioner of Economic and Community Development may waive the requirements contained in this subsection.
(c) In determining the amount of a grant-in-aid, loan or deferred loan under this
section, the Commissioner of Economic and Community Development shall consider
the number of dwelling units for low and moderate income and elderly persons which
are being developed or rehabilitated in the project or projects for which financial assistance is being requested, provided no such grant-in-aid, loan or deferred loan shall be
for an amount greater than one hundred thousand dollars.
(d) The Commissioner of Economic and Community Development shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of
this section. Such regulations shall include provisions to establish eligibility requirements for nonprofit corporations to receive financial assistance provided under this
section, criteria which the commissioner shall use for awarding such financial assistance,
the purposes for which such financial assistance may be used and the terms and conditions which the commissioner shall establish for nonprofit corporations which receive
such assistance. Such regulations shall also include provisions requiring periodic reports
to be submitted by such nonprofit corporations to the commissioner and requiring that
a performance audit of such nonprofit corporations be conducted by an independent
accounting or management consulting firm on an annual basis.
(P.A. 87-482, S. 1, 3; P.A. 92-166, S. 19, 31; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 92-166 amended Subsec. (a) to make loans and 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 amended Subsecs. (b) and (c) to make technical changes consistent with the changes in Subsec. (a);
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. 8-219e. Financial assistance for the abatement of lead-based paint and
asbestos. Regulations. (a) The state, acting by and in the discretion of the Commissioner
of Economic and Community Development, may enter into a contract with an eligible
developer, as defined in section 8-39, a community housing development corporation,
as defined in section 8-217, or any other person approved by the commissioner for state
financial assistance in the form of a grant-in-aid, loan or deferred loan for technical
assistance and the abatement of lead-based paint, asbestos and asbestos-containing material from a residential dwelling unit. In the case of a deferred loan, the contract shall
require that payments on interest are due and payable but that payments on principal
may be deferred to a time certain. Such grant-in-aid, loan or deferred loan or combination
thereof shall not exceed the cost of such abatement, including expenses incurred in
obtaining technical assistance for such abatement, and shall be awarded upon such terms
and conditions as the commissioner may prescribe by regulations adopted pursuant to
subsection (b).
(b) The Commissioner of Economic and Community Development may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of
this section. Such regulations shall provide the terms and conditions of grants-in-aid,
loans or deferred loans made pursuant to subsection (a) of this section and the eligibility
and application requirements for such financial assistance. In determining such eligibility requirements, the commissioner shall consider establishing priorities for low and
moderate income families and households having a child suffering from lead-paint poisoning.
(P.A. 87-541, S. 1-3; P.A. 92-166, S. 20, 31; May Sp. Sess. P.A. 94-2, S. 6, 203; P.A. 95-22, S. 1, 2; 95-250, S. 1; P.A.
96-211, S. 1, 5, 6; P.A. 97-173, S. 2.)
History: P.A. 92-166 amended Subsec. (a) to make 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 amended Subsec. (b) to make technical changes consistent with the changes in Subsec. (a); May Sp. Sess. P.A.
94-2 expanded financial assistance to include a grant-in-aid, effective July 1, 1994; P.A. 95-22 amended Subsec. (a) to
provide financial assistance for abatement rather than removal and made technical changes in Subsec. (b), effective May
8, 1995; 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 amended Subsec. (a) to provide that payments on interest
are due and payable rather than due immediately and that payments on principal may be deferred to a time certain rather
than made at a later time, and to change the amount of financial assistance available under the program from two-thirds
to the entire cost of abatement.
Cited. 31 CA 359, 362.
Sec. 8-220. State grants-in-aid for developing and updating municipal plans
of development; contracts for may be entered into by Secretary of the Office of
Policy and Management. Advances of funds and contracts by Commissioner of
Economic and Community Development for surveys, planning and research. (a)
The state, acting by and in the discretion of the Secretary of the Office of Policy and
Management, may enter into a contract with a municipality with a population of fifty
thousand or less as shown in the most recent federal decennial census, for state financial
assistance in the form of a state grant-in-aid equal to two-thirds of the cost of developing
or updating municipal plans of development. The secretary shall assure that any planning
performed by any municipality with state financial assistance under this section shall
be adequate to meet the standards and criteria of the federal Urban Planning Assistance
Program administered by the United States Department of Housing and Urban Development and such other federal planning criteria for such other federal programs as may
be appropriate. No state financial assistance shall be made under this section unless
federal funds for the purposes described herein are not available, as determined by the
secretary, at the time of application for such state financial assistance; provided, if federal
funds subsequently become available for the same purpose for which state financial
assistance had been granted, the municipality shall repay the secretary from such federal
funds an amount equal to such state financial assistance, if, under federal law, such
federal funds may be so used, or the secretary may apply to the United States for and
accept such funds as reimbursement for such state financial assistance.
(b) The Commissioner of Economic and Community Development may in his discretion make advances of funds to any municipality, housing authority or human resource development agency as defined in section 17b-852 for up to seventy-five per cent
of the costs, as approved by the commissioner, of surveys and planning in preparation of
any project, program or activity for which state financial assistance is provided under
this chapter and sections 8-44a, 8-154a and 47a-56j and the contracts for such advances
of funds shall require that such advances shall be credited against any subsequent grants-in-aid of such project, program or activity, or shall be repaid to the state if funds for the
purposes of this subsection are received from a source other than the state.
(c) The state, acting by and in the discretion of the Commissioner of Economic and
Community Development, may enter into a contract with a housing authority or two or
more housing authorities acting jointly for technical assistance and financial assistance
in the form of a state grant-in-aid not to exceed two-thirds of the cost of conducting
housing surveys and research as approved by the commissioner and as authorized in
chapter 128.
(1967, P.A. 522, S. 25; 1969, P.A. 415; P.A. 77-614, S. 298, 610; P.A. 79-598, S. 19; P.A. 95-250, S. 1; P.A. 96-211,
S. 1, 5, 6.)
History: 1969 act amended Subsec. (b) to require approval of community development action plan agency before
advancement of funds made, allowed advances to housing authorities and human resource development agencies as well
as municipalities; 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 secretary of the office of policy
and management for commissioner of economic development in Subsec. (a) and commissioner of housing for commissioner
of economic development in 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.
See chapter 50 (Sec. 4-65a et seq.) re Office of Policy and Management.
See Sec. 8-226 re use of prior bond proceeds for purposes of this section.
Sec. 8-220a. Municipal powers re: Social and supplementary services and projected rehabilitation and improvement programs under Sec. 8-44a; redevelopment
and urban renewal under Sec. 8-154a; housing code enforcement programs under
Sec. 8-208; demolition of unsafe structures and urban beautification under Sec. 8-209; housing for low and moderate income persons or families under Sec. 8-216;
community housing development corporations under Sec. 8-218; municipal plans
of development under Sec. 8-220; and rent receivership programs under Sec. 47a-56j. Administration. Joint action. Combining contracts. Limitation on aid. Regulations. (a) In addition to and without limiting any other powers granted under any law,
any municipality or any two or more municipalities acting jointly may request, contract
for, receive and expend state financial assistance as authorized for a municipality by
sections 8-44a, 8-154a, 8-208, 8-209, 8-216, 8-218, 8-220 and 47a-56j for any of the
purposes specified therein and may initiate and carry out any of the programs, projects,
functions or activities for which state financial assistance is authorized for a municipality
therein and do all things necessary to secure such state financial assistance and carry
out such programs, projects, functions or activities.
(b) The chief executive officer of any municipality with the approval of the governing body thereof may designate any agency, department, board or commission thereof,
or housing authority to administer any of the programs, projects, functions or activities
for which state financial assistance is authorized by sections 8-44a, 8-154a, 8-208, 8-209, 8-216, 8-218, 8-220 and 47a-56j where such authority and responsibility for such
administration is not otherwise provided for. In addition to and without limiting any
other powers granted under any law, such agency, department, board or commission or
housing authority may administer and carry out any such programs, projects, functions
or activities and do all things necessary or desirable in connection therewith, including
contracting with the state and the United States, private organizations or professional
consultants, or with any one or more of them, for the purposes of this chapter and said
sections.
(c) Any action authorized by sections 8-44a, 8-154a, 8-208, 8-209, 8-216, 8-218,
8-220 and 47a-56j to be taken by a municipality, or any agency, department, board or
commission thereof, or any housing authority may be taken jointly by, and the Commissioner of Economic and Community Development may enter into any contract authorized by this chapter and said sections with any two or more such municipalities or
agencies, departments, boards or commissions thereof, or housing authorities.
(d) Any municipality, or any agency, department, board or commission thereof, or
any housing authority may request, and the commissioner may provide or require, that
contracts for two or more programs, projects or activities under this chapter and said
sections may be combined in one contract.
(e) In each fiscal year no municipality may receive more than fifteen per cent of
the amount authorized for the purposes of sections 8-44a, 8-114a, 8-154a, 8-208, 8-209,
8-216, 8-218, 8-220 and 47a-56j provided, if any portion of such authorized amount is
not committed at the end of the first six months of the fiscal year, by virtue of an executed
assistance agreement or a reservation of state funds approved by the Commissioner of
Economic and Community Development, the commissioner may allocate such portion
without regard to such limitation.
(f) The Commissioner of Economic and Community Development may make and
enforce regulations to effectuate the purposes of sections 8-44a, 8-154a, 8-208, 8-209,
8-216, 8-218, 8-220 and 47a-56j and to determine the allocation of the state financial
assistance authorized in said sections among the municipalities of the state on the basis
of their respective needs.
(P.A. 77-614, S. 603-605, 610; P.A. 79-598, S. 20; P.A. 88-280, S. 8; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 79-598 replaced "8-154f" with "8-154a" throughout section, substituted commissioner of housing for
commissioner of economic development throughout section and in Subsec. (b) substituted "commission" for "commissioner"; P.A. 88-280 deleted references to repealed Sec. 8-214; 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. 8-221. Transferred to Chapter 319ww, Sec. 17b-852.
Sec. 8-221a. Commissioner of Human Resources to assume responsibilities for
human resources development programs under Sec. 8-221. Section 8-221a is repealed, effective July 1, 1993.
(P.A. 77-614, S. 587, 593, 610; P.A. 93-262, S. 86, 87.)
Secs. 8-222 and 8-222a. Transferred to Chapter 319ww, Secs. 17b-853 and
17b-854.
Sec. 8-222b. Municipal powers re: Child day care facilities etc. under Sec. 8-210; private day care facilities under Sec. 17b-752 and human resources development programs under Sec. 17b-853. Administration. Joint action. Combining contracts. Limitation on aid. Regulations. (a) In addition to and without limiting any
other powers granted under any law, any municipality or any two or more municipalities
acting jointly may request, contract for, receive and expend state financial assistance
as authorized for a municipality by sections 8-210, 17b-752 and 17b-853, for any of the
purposes specified therein may initiate and carry out any of the programs, projects,
functions or activities for which state financial assistance is authorized for a municipality
therein and do all things necessary to secure such state financial assistance and carry
out such programs, projects, functions or activities.
(b) The chief executive officer of any municipality with the approval of the governing body thereof may designate any agency, department, board or commission thereof,
or human resource development agency as defined in subsection (2)(b) of section 17b-852 to administer any of the programs, projects, functions or activities for which state
financial assistance is authorized by sections 8-210, 17b-752 and 17b-853, where such
authority and responsibility for such administration is not otherwise provided for. In
addition to and without limiting any other powers granted under any law, such agency,
department, board or commission, or human resource development agency may administer and carry out any such programs, projects, functions or activities and do all things
necessary or desirable in connection therewith, including contracting with the state and
the United States, private organizations or professional consultants, or with any one or
more of them, for the purposes of this chapter and said sections.
(c) Any action authorized by sections 8-210, 17b-752 and 17b-853, to be taken by
a municipality, or any agency, department, board or commission thereof, or human
resource development agency may be taken jointly by, and the Commissioner of Social
Services may enter into any contract authorized by said sections with, any two or more
such municipalities or agencies, departments, boards or commissions thereof, or human
resource development agencies.
(d) Any municipality, or any agency, department, board or commission thereof, or
human resource development agency as defined in subsection (2)(b) of section 17b-852, may request, and the commissioner may provide or require, that contracts for two
or more programs, projects or activities under this chapter and said sections may be
combined in one contract.
(e) In each fiscal year no municipality may receive more than fifteen per cent of the
amount authorized for the purposes of sections 8-210, 17b-752 and 17b-853; provided, if
any portion of such authorized amount is not committed at the end of the first six months
of the fiscal year, by virtue of an executed assistance agreement or a reservation of state
funds approved by the commissioner of social services, the commissioner may allocate
such portion without regard to such limitation.
(f) The Commissioner of Social Services may make and enforce regulations to effectuate the purposes of sections 8-210, 17b-752 and 17b-853; and to determine the
allocation of the state financial assistance authorized in said sections among the municipalities of the state on the basis of their respective needs.
(P.A. 77-614, S. 600-602, 610; P.A. 93-262, S. 1, 87.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and
department of human resources, effective July 1, 1993.
Sec. 8-223. Transferred to Chapter 319ww, Sec. 17b-855.
Secs. 8-224, 8-225 and 8-225a. Municipal powers; joint action. Limitation on
aid to a municipality. Secretary of the Office of Policy and Management to approve
certain aid for municipalities under Sec. 8-225. Sections 8-224, 8-225 and 8-225a
are repealed.
(1967, P.A. 522, S. 29, 30; 1969, P.A. 317, S. 2; 348, S. 1; 1972, P.A. 73, S. 1; P.A. 73-616, S. 7; P.A. 77-614, S. 587,
593, 596, 597, 610; P.A. 78-303, S. 85, 136; P.A. 79-631, S. 109, 111.)
Sec. 8-226. Use of prior bond proceeds for redevelopment and urban renewal.
The proceeds from such bonds and notes as are authorized to be issued, or any proceeds
from such bonds and notes as may have been issued, under the provisions of section
8-154b but which, on July 1, 1967, are uncommitted and unallocated or which may
subsequently become uncommitted or unallocated, shall be used for any of the purposes
authorized by sections 8-44a, 8-154f, 8-208, 8-209, 8-210, 8-216, 8-218, 8-220, 17b-752, 17b-853 and 47a-56j.
(1967, P.A. 522, S. 31; P.A. 77-614, S. 598, 610; P.A. 79-631, S. 13, 111; P.A. 88-280, S. 9.)
History: P.A. 77-614 replaced "this chapter" with reference to specific sections, effective January 1, 1979; P.A. 79-631 deleted reference to repealed Secs. 8-207 and 8-207a; P.A. 88-280 deleted reference to repealed Sec. 8-214.
See chapter 50 (Sec. 4-65a et seq.) re Office of Policy and Management.
Sec. 8-227. Regulations. Section 8-227 is repealed.
(1967, P.A. 522, S. 32; P.A. 77-614, S. 587, 599, 610; P.A. 78-303, S. 85, 136; P.A. 79-631, S. 109, 111.)
Secs. 8-228 to 8-238. Relocation assistance. (a) Sections 8-228 to 8-238, inclusive, are repealed except that for any payment or matter, due or pending, pursuant to
said sections 8-228 to 8-238, inclusive, shall be paid or handled in accordance with said
sections, or regulations or procedures promulgated pursuant thereto.
(b) All rights or liabilities now existing under sections 8-228 to 8-238, inclusive,
and under regulations or procedures pursuant thereto shall not be affected by the repeal
of such sections or portions thereof under subsection (a) of this section.
(1969, P.A. 594, S. 1-11; 1971, P.A. 523; 838, S. 17.)
See Secs. 8-239a, 8-266 et seq.
Sec. 8-239. Other powers of department or commissioner unaffected. Nothing
in sections 8-228 to 8-239, inclusive, shall be construed to limit, restrict or derogate
from any power, right or authority of the department or the commissioner existing under
or pursuant to any other general statute or special act.
(1969, P.A. 594, S. 12.)
See Sec. 8-239a.
Sec. 8-239a. Powers and duties under Secs. 8-228 to 8-239, inclusive, transferred to Department and Commissioner of Economic and Community Development. The powers and duties of the Department of Community Affairs and the Commissioner of Community Affairs under sections 8-228 to 8-239, inclusive, are transferred
to the Department of Economic and Community Development and the Commissioner
of Economic and Community Development.
(P.A. 77-614, S. 606, 610; P.A. 79-598, S. 21; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 79-598 substituted department and commissioner of housing for department and 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.