Connecticut Seal

General Assembly

 

Committee Bill No. 752

January Session, 2017

 

LCO No. 4072

 

*04072SB00752HSG*

Referred to Committee on HOUSING

 

Introduced by:

 

(HSG)

 

AN ACT CONCERNING HOUSING SEGREGATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 8-37s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The Commissioner of Housing shall monitor the progress of the public and private sector toward meeting housing needs and shall collect and annually publish data on housing production in the state. In order to ensure a steady flow of information for the purposes of this section, all municipalities shall submit to the commissioner a copy of the monthly federal Bureau of the Census report on building permits issued and public construction filed at the same time as such report is filed with the federal Bureau of the Census.

(b) The Commissioner of Housing shall, in cooperation with state agencies providing or supporting housing and, where possible, relevant federal agencies providing or supporting housing, include in the annual action plan submitted to the United States Department of Housing and Urban Development under 24 CFR 91.320 or the report required under section 8-37bb, as amended by this act, (1) a comprehensive list of all state and federally subsidized housing in the state; and (2) the results of the housing needs assessment by income levels conducted pursuant to subsection (a) of this section.

(c) The list of state and federally subsidized housing described in subsection (b) of this section shall be divided into three types as follows: (1) Units owned by the state or federal government; (2) units supported by a state or federal subsidy that is attached to the development; and (3) units supported by a state or federal subsidy that is attached to the unit's tenants.

(d) For each housing unit described in subdivision (1) or (2) of subsection (c) of this section, the Commissioner of Housing shall report by development, and, where necessary, unit type, the: (1) Names of the housing development, the developer and the development's management company; (2) census tract and physical address of the housing development; (3) affordability income requirements by unit; (4) number of units in the housing development; (5) number of bedrooms per unit; (6) population served by the housing development, including, but not limited to, elderly, non-age-restricted, disabled or supportive types of housing; (7) government program through which the housing development is funded and the amount of such funding; (8) years of allocation and construction of the housing development; (9) type of funding received by the housing development, including, but not limited to, assistance for new construction, substantial rehabilitation, loan, purchase or rental assistance programs; (10) the number of affordable units with the same income restrictions that the housing development will be adding, reducing or replacing through rehabilitation funding, if any; (11) number and identity of units that are handicapped or disability accessible or adaptable pursuant to 42 USC 3602, 42 USC 3604 and 24 CFR 100.20 as amended from time to time; (12) percentage of units supported by the United States Department of Housing and Urban Development's Project Based Voucher Program; and (13) percentage of units occupied by tenants receiving housing choice vouchers from the United States Department of Housing and Urban Development.

(e) For each housing unit described in subdivision (3) of subsection (c) of this section, the Commissioner of Housing shall report, by unit, the following information in a manner that does not provide personally identifiable information: (1) If relevant, the name of the housing development, provided said development has more than ten units; (2) the census tract of the unit; (3) the familial status of the unit's household, including the total number of household members and, if any children are present, the age of such children; (4) whether any household member has a disability requiring a handicapped or disability accessible or adaptable unit pursuant to 42 USC 3602, 42 USC 3604 and 24 CFR 100.20 as amended from time to time; and (5) for each head of household, the (i) race; (ii) gender; (iii) ethnicity; (iv) income; (v) marital status; and (vi) age of such person.

(f) Costs incurred by the Department of Housing as a result of provisions of this section may be paid for by maximizing administrative fees available to the Department of Housing for the administration of United States Department of Housing and Urban Development programs. One-fourth of such maximized fees may be used for such costs on or before October 1, 2019, and one-eighth of such maximized fees may be used for such costs after October 1, 2019.

Sec. 2. Section 8-37bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) On or before [December 31, 2013] July 31, 2018, and annually thereafter, [each housing agency, except the Department of Housing,] the Department of Housing, working in partnership with the Connecticut Housing Finance Authority and with the cooperation of other state and federal agencies providing, assisting or supporting housing in the state, shall submit to the General Assembly, in accordance with the provisions of section 11-4a, and make available on the Department of Housing's Internet web site a report, for the year ending the preceding [September] June thirtieth, which analyzes, [by income group,] by housing development, demographic data for households served by its housing construction, substantial rehabilitation, purchase and rental assistance programs. Each report shall analyze, by housing development, the households served under each program by income group, race and ethnicity. [The analysis shall provide information by housing development, if applicable, and by program.] Each analysis shall include data, by housing development, for all households (1) entering an agency program during the year ending the preceding [September] June thirtieth, [and] (2) in occupancy or receiving the benefits of an agency rental program the preceding [September] June thirtieth, and (3) persons on the waiting list for an agency rental program. The report [of the Connecticut Housing Finance Authority] shall also identify, by census tract, and, where relevant, housing development, the number, race and ethnicity of households served in each program, [and] the total amount of financial assistance provided to such households and the sources of such assistance. The provisions of this section shall not be construed to preclude a housing agency from reporting additional information on programs it administers. [Each report submitted under this section shall also analyze the efforts, and the results of such efforts, of each agency in promoting fair housing choice and racial and economic integration.] The provisions of this section shall not be construed to require an occupant or applicant to disclose his race on an application or survey form.

(b) Each report submitted [under this section shall also document the efforts of the agency in promoting fair housing choice and racial and economic integration and shall include data on the racial composition of the occupants and persons on the waiting list of each housing project which is assisted under any housing program established by the general statutes or special act or which is supervised by the agency. The provisions of this subsection shall not be construed to require disclosure of such information by any occupant or person on a waiting list] shall include one-year, five-year and ten-year targets for prioritizing the development of subsidized housing in a manner consistent with section 8-37ee, as amended by this act, and Title VIII of the Civil Rights Act of 1968, as amended from time to time, including stating specific percentages of the total state and federal subsidized housing units to be located in the state by opportunity area, as defined in section 8-348, as amended by this act, with the goal making the total percentage of subsidized housing reflect the total population of the state by opportunity area.

(c) [The report shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to housing and, upon request, to any member of the General Assembly. A summary of the report shall be submitted to each member of the General Assembly if the summary is two pages or less and a notification of the report shall be submitted to each member if the summary is more than two pages. Submission shall be by mailing the report, summary or notification to the legislative address of each member of the committee or the General Assembly, as applicable] Each report submitted under this section shall analyze the state's effort to promote fair housing choice and racial and economic integration by: (1) Identifying state and federal subsidized housing developments located in census tracts with populations with less than fifty per cent white, non-Hispanic residents and a poverty rate three times that of the region; (2) determining whether each housing development, regardless of the demographic served, is successfully marketing to eligible persons within the region who are least likely to apply for housing in the region; and (3) comparing the percentage of applicants, occupants and persons on the waiting list least likely to apply to performance in previous available years and to the percentage of program-eligible persons of similar races and ethnicities living in the region. The provisions of this subsection shall not be construed to require disclosure of such information by any occupant or person on a waiting list.

(d) For the purposes of this section, the Department of Housing shall define each housing development's region, provided such definition shall include racially and ethnically concentrated areas of poverty, which are made up of census tracts with populations with less than fifty per cent white, non-Hispanic residents and a poverty rate three times that of the region closest to the development.

Sec. 3. Section 8-37ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Each [entity participating in any program administered by a housing agency, as defined in section 8-37aa, under this title] state agency providing or supporting housing, shall have an affirmative duty to promote fair housing in each housing development that is assisted or supervised under any provision of this title.

(b) Any entity [applying for financial] receiving assistance related to the creation, rehabilitation or support, financial or otherwise, of affordable housing under any program administered by a [housing agency established by this title] state agency shall submit an affirmative fair housing marketing plan to such [housing] agency for its approval. Such plan shall have provisions for recruitment of an applicant pool that includes residents of municipalities of relatively high concentrations of minority populations. Each plan shall be posted on the Department of Housing's Internet web site. [The housing agency shall periodically review each plan to assure that to the extent practicable such an applicant pool is created and may require that a plan be revised by the entity submitting it.]

(c) The agency shall annually review the occupancy of each housing development in the entity's plan to assure that such housing development reflects the entity's plan to (1) affirmatively further fair housing, and (2) market such development to the population of eligible households least likely to apply for housing in the region. The results of such annual review shall be included in the report required under section 8-37bb, as amended by this act, and the consolidated plan for housing and community development required under section 8-37t, as amended by this act.

(d) If a housing development's occupants do not reflect the population of eligible households least likely to apply for housing in the region, future openings in such development shall be marketed exclusively to such populations until such goal is achieved. A housing development may obtain a waiver from this requirement if it can show it made a good faith effort to comply. The Department of Housing may apply sanctions in accordance with its regulations if a housing development does not reach affirmatively marketing goals within three years and nonperformance shall be a permissible reason for not funding or working with the housing development's developer or management company on future projects involving state support.

Sec. 4. Section 8-37t of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The Commissioner of Housing, in consultation with the Connecticut Housing Finance Authority and other state agencies involved in the provision of housing to lower income populations, shall prepare the state's consolidated plan for housing and community development in accordance with 24 CFR Part 91, as amended from time to time and Title VIII of the Civil Rights Act of 1968, as amended from time to time.

(b) The consolidated plan shall state regional and geographical housing production goals for meeting the housing needs of the demographic groups identified in accordance with sections 8-37s and 8-37bb, as amended by this act, and as required by section 6 of this act and 24 CFR Part 91.

(c) The consolidated plan shall delineate a strategy, including identifying dedicated resources to meet the goals described in subsection (b) of this section.

Sec. 5. Section 16a-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The secretary, after consultation with all appropriate state, regional and local agencies and other appropriate persons, shall, prior to March 1, 2012, complete a revision of the existing plan and enlarge it to include, but not be limited to, policies relating to transportation, energy and air. Any revision made after July 1, 1995, shall take into consideration the conservation and development of greenways that have been designated by municipalities and shall recommend that state agencies coordinate their efforts to support the development of a state-wide greenways system. The Commissioner of Energy and Environmental Protection shall identify state-owned land for inclusion in the plan as potential components of a state greenways system.

(b) Any revision made after August 20, 2003, shall take into account (1) economic and community development needs and patterns of commerce, and (2) linkages of affordable housing objectives and land use objectives with transportation systems.

(c) Any revision made after March 1, 2006, shall (1) take into consideration risks associated with natural hazards, including, but not limited to, flooding, high winds and wildfires; (2) identify the potential impacts of natural hazards on infrastructure and property; and (3) make recommendations for the siting of future infrastructure and property development to minimize the use of areas prone to natural hazards, including, but not limited to, flooding, high winds and wildfires.

(d) Any revision made after July 1, 2005, shall describe the progress towards achievement of the goals and objectives established in the previously adopted state plan of conservation and development and shall identify (1) areas where it is prudent and feasible (A) to have compact, transit accessible, pedestrian-oriented mixed-use development patterns and land reuse, and (B) to promote such development patterns and land reuse, (2) priority funding areas designated under section 16a-35c, and (3) corridor management areas on either side of a limited access highway or a rail line. In designating corridor management areas, the secretary shall make recommendations that (A) promote land use and transportation options to reduce the growth of traffic congestion; (B) connect infrastructure and other development decisions; (C) promote development that minimizes the cost of new infrastructure facilities and maximizes the use of existing infrastructure facilities; and (D) increase intermunicipal and regional cooperation.

(e) Any revision made after October 1, 2008, shall (1) for each policy recommended (A) assign a priority; (B) estimate funding for implementation and identify potential funding sources; (C) identify each entity responsible for implementation; and (D) establish a schedule for implementation; and (2) for each growth management principle, determine three benchmarks to measure progress in implementation of the principles, one of which shall be a financial benchmark.

(f) Any revision made after October 1, 2009, shall take into consideration the protection and preservation of Connecticut Heritage Areas.

(g) Any revision made after December 1, 2011, shall take into consideration (1) the state water supply and resource policies established in sections 22a-380 and 25-33c, and (2) the list prepared by the Commissioner of Public Health pursuant to section 25-33q.

(h) Any revision made after October 1, 2013, shall (1) take into consideration risks associated with increased coastal erosion, depending on site topography, as anticipated in sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1, (2) identify the impacts of such increased erosion on infrastructure and natural resources, and (3) make recommendations for the siting of future infrastructure and property development to minimize the use of areas prone to such erosion.

(i) Any revision made after October 1, [2016] 2018, shall [take into consideration the need for technology infrastructure in the municipality] include (1) an assessment of municipal and regional racial and ethnic composition, (2) the percentage of regional affordable housing needs that will be met within the municipality, (3) the percentage of regional handicapped or disability accessible or adaptable housing needs, as defined by 42 USC 3602, 42 USC 3604 and 24 CFR 100.20, as amended from time to time, that will be met within the municipality, and (4) if the percentage of the regional housing needs do not exist within the municipality, a description of the barriers to meeting regional housing needs and the steps and timeline the municipality will follow to overcome the identified barriers, meet such housing needs and affirmatively further fair housing by October 1, 2028, in accordance with Title VIII of the Civil Rights Act of 1968, as amended from time to time.

(j) Thereafter on or before March first in each revision year the secretary shall complete a revision of the plan of conservation and development.

Sec. 6. (NEW) (Effective October 1, 2017) (a) The Office of Policy and Management, in consultation with the Department of Housing, regional councils of government and state civil rights and housing experts, shall amend the state plan of conservation and development adopted pursuant to chapter 297a to include in such plan (1) an explicit statement of regional estimates for meeting the affordable housing needs of the state as described in section 8-37t, as amended by this act, and the need for handicapped accessible or adaptable housing as defined by 42 USC 3602, 42 USC 3604 and 24 CFR 100.20, as amended from time to time, and (2) an explicit statement delineating how the state will affirmatively further fair housing in compliance with Title VIII of the Civil Rights Act of 1968, as amended from time to time.

Sec. 7. Section 8-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) In each municipality of the state there is created a public body corporate and politic to be known as the "housing authority" of the municipality; provided such authority shall not transact any business or exercise its powers [hereunder] under this section until the governing body of the municipality by resolution declares that there is need for a housing authority in the municipality, provided it shall find (1) that insanitary or unsafe inhabited dwelling accommodations exist in the municipality, [or] (2) that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to families of low income at rentals they can afford, or (3) that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to families of moderate income at rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.

(b) The governing bodies of two or more municipalities may create a regional housing authority, which shall have all the powers, duties and responsibilities conferred upon housing authorities by this chapter and chapter 130. The area of operation of such authority shall include the municipalities for which such authority is created. Such authority shall act through a board of commissioners composed of two representatives from each municipality appointed for terms of four years in the manner provided in section 8-41.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, any housing authority may elect to utilize the powers conferred upon housing authorities in this chapter and chapter 130 over any opportunity area, as defined in section 8-348, as amended by this act, within thirty miles of such authority's municipal borders.

Sec. 8. Subsection (a) of section 8-348 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The Department of Housing shall, within existing resources of the department and by utilizing at least sixty per cent of the administrative fees available from the United States Department of Housing and Urban Development, establish a residence mobility counseling program to assist individuals or families in relocating their residences to higher opportunity areas through education and support services. The commissioner may contract with one or more nonprofit corporations to provide such residence mobility counseling. Individuals and families eligible for the residence mobility counseling program shall currently have a certificate or voucher from either: (1) The federal Housing and Urban Development Section 8 program, or (2) the state rental assistance program. For purposes of this subsection, "opportunity areas" means those areas designated as such using opportunity mapping analysis that includes census tract level assessment of educational, economic and neighborhood characteristics, including education data and crime rates. The Department of Housing shall make such opportunity mapping analysis available on the Internet web site of the Department of Housing.

Sec. 9. Section 46a-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) All services of every state agency shall be performed without discrimination based upon race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness.

(b) No state facility may be used in the furtherance of any discrimination, nor may any state agency become a party to any agreement, arrangement or plan which has the effect of sanctioning discrimination.

(c) Any state agency funding or administering housing shall affirmatively promote fair housing choice and racial and economic integration in all programs it administers or supervises.

[(c)] (d) Each state agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of sections 46a-70 to 46a-78, inclusive, and shall initiate comprehensive programs to remedy any defect found to exist.

[(d)] (e) Every state contract or subcontract for construction on public buildings or for other public work or for goods and services shall conform to the intent of section 4a-60.

Sec. 10. Subsection (c) of section 46a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(c) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-58, 46a-59, 46a-64, 46a-64c, 46a-71, as amended by this act, 46a-81b, 46a-81d or 46a-81e, the presiding officer shall determine the damage suffered by the complainant, which damage shall include, but not be limited to, the expense incurred by the complainant for obtaining alternate housing or space, storage of goods and effects, moving costs and other costs actually incurred by the complainant as a result of such discriminatory practice and shall allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant.

Sec. 11. Section 46a-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

Any person claiming to be aggrieved by a violation of any provision of sections 46a-64c, 46a-70 to 46a-78, inclusive, or sections 46a-81h to 46a-81o, inclusive, may petition the Superior Court for appropriate relief and said court shall have the power to grant such relief, by injunction or otherwise, as it deems just and suitable, including any relief which a presiding officer may grant in a proceeding under section 46a-86 or which the court may grant in a proceeding under section 46a-89.

Sec. 12. Subsection (b) of section 46a-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(b) The Judicial Branch shall comply with the provisions of subsection (b) of section 46a-68, section 46a-68g, subsections (a), (b) and (c) of section 46a-70, subsections (a), (b) and [(d)] (e) of section 46a-71, as amended by this act, subsections (a) and (c) of section 46a-77, subsections (a), (b) and (c) of section 46a-81h and section 46a-81i.

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

Section 1

October 1, 2017

8-37s

Sec. 2

October 1, 2017

8-37bb

Sec. 3

October 1, 2017

8-37ee

Sec. 4

October 1, 2017

8-37t

Sec. 5

October 1, 2017

16a-27

Sec. 6

October 1, 2017

New section

Sec. 7

October 1, 2017

8-40

Sec. 8

October 1, 2017

8-348(a)

Sec. 9

October 1, 2017

46a-71

Sec. 10

October 1, 2017

46a-86(c)

Sec. 11

October 1, 2017

46a-99

Sec. 12

October 1, 2017

46a-70a(b)

Statement of Purpose:

To (1) increase the publication of data on housing production; (2) develop projections of regional affordable housing needs; (3) require municipal planning for reaching recommended apportionment of affordable housing needs; (4) involve the state and other stakeholders in developing regional housing need estimates for municipalities; (5) increase data transparency on subsidized housing investments; (6) provide housing authorities with the option to expand housing authority jurisdiction; (7) increase the amount of funding used on mobility counseling; and (8) integrate subsidized housing by requiring marketing across lines of race and income.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

Co-Sponsors:

SEN. WINFIELD, 10th Dist.

S.B. 752