by Owen Deutsch
As an intern for the Connecticut Fair Housing Center, I've been asked to comment on section 8-30G of the Connecticut General Statues, commonly known as the Affordable Housing Appeals Procedure. Section 8-30G, enacted in 1989, was a boon to advocates for more fair and affordable housing in the state, but has also been highly controversial. This section of the statutes applies to cases where a developer proposes building affordable housing in any town where less than 10% of existing housing can be described as affordable (meaning a household earning less than 60-80% of the state or area's median income must spend no more than 30% of its income on total housing costs). If a town zoning or planning commission rejects a developer's application to build affordable housing in a residential area, the developer can then appeal the town's decision and the burden of proof would be on the town to prove that rejecting the development was, "necessary to protect substantial public interests in health, safety, or other matters…such public interests clearly outweigh the need for affordable housing; and…such public interests cannot be protected by reasonable changes to the affordable housing development".
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