Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 5919

   
 

*HB0534005919SDO*

Offered by:

 

SEN. SLOSSBERG, 14th Dist.

 

To: Subst. House Bill No. 5340

File No. 773

Cal. No. 561

"AN ACT CONCERNING THE REPLACEMENT OF HOUSING PROJECTS BY HOUSING AUTHORITIES. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subsection (g) of section 8-30g of the general statutes, as amended by section 1 of substitute house bill 5363 of the current session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(g) Upon an appeal taken under subsection (f) of this section, the burden shall be on the [commission] appellant to prove, based upon the evidence in the record compiled before [such] the commission, that the decision from which such appeal is taken and the reasons cited for such decision are not supported by sufficient evidence in the record. The [commission] appellant shall also have the burden to prove, based upon the evidence in the record compiled before such commission, that (1) (A) the decision is not necessary to protect substantial public interests in health, safety or other matters which the commission may legally consider; (B) such public interests do not clearly outweigh the need for affordable housing; and (C) such public interests [cannot] can be protected by reasonable changes to the affordable housing development, or (2) (A) the application which was the subject of the decision from which such appeal was taken would not locate affordable housing in an area which is zoned for industrial use and which does not permit residential uses; and (B) the development is [not] assisted housing, as defined in subsection (a) of this section. If the [commission] appellant does not satisfy its burden of proof under this subsection, the court shall wholly or partly revise, modify, remand or reverse the decision from which the appeal was taken in a manner consistent with the evidence in the record before it.

Sec. 502. Subsection (g) of section 8-30g of the general statutes, as amended by section 2 of substitute house bill 5363 of the current session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):

(g) Upon an appeal taken under subsection (f) of this section, the burden shall be on the appellant to prove, based upon the evidence in the record compiled before the commission, that the decision from which such appeal is taken and the reasons cited for such decision are not supported by sufficient evidence in the record. The appellant shall also have the burden to prove, based upon the evidence in the record compiled before such commission, that (1) (A) the decision is not necessary to protect substantial public interests in health, safety or other matters which the commission may legally consider; (B) such public interests do not clearly outweigh the need for affordable housing; and (C) such public interests can be protected by reasonable changes to the affordable housing development, or (2) (A) the application which was the subject of the decision from which such appeal was taken would not locate affordable housing in an area which is zoned for industrial use and which does not permit residential uses; and (B) the development is assisted housing, as defined in subsection (a) of this section. If the appellant does not satisfy its burden of proof under this subsection, the court shall wholly or partly revise, modify, remand or reverse the decision from which the appeal was taken in a manner consistent with the evidence in the record before it. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

October 1, 2016

8-30g(g)

Sec. 502

October 1, 2021

8-30g(g)