You asked how the state could facilitate the creation of accessory (“in-law”) apartments, i. e. , separate residential units in single family homes that are often used to house elderly family members.

EXISTING PROVISIONS

The state already facilitates the creation of accessory apartments through two means. The Connecticut Housing Finance Authority’s (CHFA) Apartment Conversion for the Elderly program provides financing for elderly Connecticut homeowners to construct an addition to their home or renovate part of their home to create an accessory apartment. Such apartments can single family homeowners with rental income that is normally only available to owners of two-family properties. It appears that this program has had relatively little activity (see discussion in options section). Information about this program is available at http: //www. chfa. org/Elderly/elderly_ApartmentConversion. asp.

Encouraging deed-restricted accessory apartments is one way a municipality can earn an exemption from the affordable housing appeals procedure (AHAP) law, which applies to municipalities with little affordable housing. The deed restriction must be recorded on the land record and for at least 10 years require the units to be sold or rented at prices so that low- and moderate-income individuals or families will pay no more than 30% of their income for them. Municipalities that are subject to the AHAP law have the burden of proof in showing why they have denied an application for an affordable housing development, in contrast to normal zoning law, where the developer has the burden of proof. As a result, it is sometimes in a municipality’s interest to permit such units in its zoning regulations.

FURTHER OPTIONS FOR PROMOTING ACCESSORY APARTMENTS

Zoning

The state could facilitate the creation of accessory apartments by amending its zoning law. Most municipalities allow accessory apartments in areas zoned for single family housing, according to Chris Wood, the legislative liaison for the Connecticut Chapter of the American Planning Association. OLR Report 2002-R-0480 describes accessory apartment provisions in the zoning ordinances of Milford, Stratford, and Trumbull. OLR Report 2002-R-0439 describes these provisions in the zoning ordinances of Beacon Falls and several other municipalities. In some cases, the ordinance allows such apartments as of right, while others require the homeowner to obtain a special permit or special exemption to modify a home for an accessory apartment. Similarly, some ordinances require that the occupants of the accessory apartment be related to the homeowner, while others do not.

The state could require zoning ordinances to:

• allow accessory apartments as of right in specified zones (such as single family zones), regardless of the relationship of the occupant and the homeowner;

• allow such units only if the occupant is related to the homeowner;

• allow such units by special permit or special exception; or

• specify that the people living in the accessory unit count, for zoning purposes, as part of the owner’s family, whether or not they are related.

Historically in Connecticut, zoning has been an area of local control. But, there is some precedent for state restrictions, such as the treatment of day care homes under CGS § 8-2 and group homes under CGS § 8-3e.

Funding

Remodeling a home to include an accessory unit can be costly, particularly if a new kitchen or bathroom needs to be built, or the home has to be remodeled to accommodate an occupant with disabilities. A state could:

• provide grants or low-interest loans to subsidize the costs of remodeling, perhaps using funds from the Department of Economic and Community Development;

• Redesigning CHFA’s program to make it more attractive to lenders, or allowing municipalities to act as CHFA’s agent for this program, marketing the program and packaging loans; or

• allow or require municipalities to abate property taxes on the improvements needed to create the accessory apartment

Technical Assistance

The state could provide technical assistance to homeowners who are contemplating creating an accessory apartment in their home. It could help homeowners identify and address the zoning, building code, insurance, and other issues that might arise if they decide to pursue this option.

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