reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article VI - Service of Complaint, Orders and Other Processes › Section 7-471-72 - Services of papers by party

Current through July 10, 2024
Service of papers by a party to the proceeding shall be made
				  by registered or certified mail or first class mail, postage pre-paid or in
				  person. The verified return by the individual so serving the same, setting
				  forth the manner of such service, shall be proof of such service. When service
				  is made by registered or certified mail, the return post office receipt shall
				  be proof of service.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article VI - Service of Complaint, Orders and Other Processes › Section 7-471-73 - Service on attorney

Current through July 10, 2024
If a party appears by her, his or its attorney, all papers
				  other than the complaint, notice of original hearings, and final decisions and
				  orders may be served, as herein provided, upon such attorney with the same
				  force and effect as though served upon the party.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article VII - Construction, Amendments or Application of Regulations › Section 7-471-75 - Application to pending proceedings

Current through July 10, 2024
Sections
				  7-471-1 to
				  7-471-75, inclusive, and any amendments thereto shall govern all proceedings
				  filed with the board on or after the effective date of these regulations and
				  all other proceedings then pending, except to the extent that, in the judgment
				  of the board, their application to such pending proceedings would not be
				  feasible or would work an injustice, in which event these general regulations
				  shall not apply.
Connecticut Administrative Code › Title 7 - Municipalities › 572 - Assisting Connecticut Communities Seeking Economic Stability (ACCSES) › Section 7-572-1 - Notification and documentation to secretary regarding the issuance of deficit obligations

Current through July 10, 2024
(a) The
			 municipality, through its chief executive officer, shall notify the Secretary
			 of its intent to issue deficit obligations at least ninety (90) days prior to
			 issuance. Such notification shall include the following:
(1) The anticipated amount of the deficit
			 obligations to be issued, the most recent audited financial statements of the
			 municipality, and a general description of any other measures, in addition to
			 issuing the deficit obligation, that will be implemented to eliminate the
			 deficit.
(2) A letter from the
			 municipality's chief executive officer certifying that, and an opinion from its
			 bond counsel to the effect that, the proposed issuance of the deficit
			 obligation will comply with Public Act 93-421, that such municipality has
			 authorized the issuance of such obligations in accordance with the General
			 Statutes, any applicable charter, special act or home rule ordinance and the
			 provisions of Public Act 93-421, and that the municipality has no outstanding
			 deficit obligations and that it has not issued a deficit obligation in the past
			 five years.
(3) Written assurance
			 that such municipality will establish a property tax intercept procedure and a
			 debt service payment fund with a trustee in accordance with the provisions of
			 Public Act 93-421.
(4) Written
			 assurance that such property tax intercept procedure will assure that the
			 property tax receipts transferred to the trustee and deposited in the debt
			 service payment fund shall be in an amount at least equal to and deposited by
			 such dates so as to satisfy the debt service payment fund
			 requirement.
(5) Any other
			 information required by Public Act 93-421.
The Secretary may, upon the request of the municipality's chief
				executive officer, reduce the ninety (90) day notice requirement for some or
				all of the items of information outlined above if sufficient cause is
				found.
Connecticut Administrative Code › Title 7 - Municipalities › 572 - Assisting Connecticut Communities Seeking Economic Stability (ACCSES) › Section 7-572-2 - Standards for certification and supervision of Tier I and Tier II municipalities

Current through July 10, 2024
(a)
Standards
			 for Certification:
Any municipality that desires to issue general
			 obligations under Section 14 or 17 of Public Act 93-421 shall apply to the
			 Secretary for certification. The Secretary may certify as a Tier I or Tier II
			 municipality any municipality which applies to be certified, provided that:
(1) The municipality has a long-term bond
			 rating from at least one bond rating agency which is investment grade or
			 higher;
(2) The municipality is
			 unable to secure municipal bond insurance from any bond insurance company on
			 reasonable terms and conditions on the date the Secretary certifies such
			 municipality;
(3) The municipality,
			 in the case of a municipality seeking to be a Tier II municipality, has not
			 issued a deficit obligation in the last five years and has no outstanding
			 deficit obligations; and
(4) There
			 is no evidence of any unsound or irregular financial practices of, or other
			 material fiscal concerns related to, the municipality in relation to commonly
			 accepted standards for governmental management and finance which, in the
			 opinion of the Secretary, renders the municipality a material risk in terms of
			 a draw upon the special capital reserve fund and a transfer from the State
			 general fund.
Connecticut Administrative Code › Title 7 - Municipalities › 572 - Assisting Connecticut Communities Seeking Economic Stability (ACCSES) › Section 7-572-3 - Procedures for Tier I and II Municipalities issuing general obligations supported by a special capital reserve fund

Current through July 10, 2024
(a) Any Tier I or
			 Tier II municipality wishing to issue any obligation supported by a Special
			 Capital Reserve Fund (a "SCRF") shall, through its chief executive officer,
			 notify the Secretary and the Treasurer of such desire within one-hundred twenty
			 (120) days of the intended date of the issuance. Such notification shall
			 include the following:
(1) A description of
			 the purpose and anticipated amount of the obligation to be supported by the
			 SCRF, the most recent audited financial statements of the municipality, and, in
			 the case of a deficit obligation, a description of the measures that will be
			 implemented to eliminate the deficit.
(2) A letter from the municipality's chief
			 executive officer certifying that, and an opinion from its bond counsel to the
			 effect that, the proposed issuance of the obligation will comply with Public
			 Act 93-421, that such municipality has authorized the issuance of such
			 obligations in accordance with the General Statutes, any applicable charter,
			 special act or home rule ordinance and the provisions of Public Act 93-421,
			 and, in the case of a deficit obligation, that the municipality has no
			 outstanding deficit obligations and that it has not issued a deficit obligation
			 in the past five years.
(3) Draft
			 agreements and language with respect to the property tax intercept procedure
			 and debt service payment fund to be established with a trustee in accordance
			 with the provisions of Public Act 93-421.
(4) Any other information required by Public
			 Act 93-421.
The Secretary may, upon a request from the municipality's chief
				executive officer, reduce the one-hundred twenty (120) day notice requirement
				for some or all of the items of information outlined above if sufficient cause
				is found.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 30g - Affordable Housing Land Use Appeals Procedures › Section 8-30g-2 - Promulgation of list of municipalities exempt from section 8-30g of the Connecticut General Statutes

Current through July 10, 2024
(a) The Commissioner shall promulgate, annually, a list containing each municipality in the state and identifying those municipalities in which at least ten percent (10%) of all dwelling units in the municipality are:
(1) Assisted housing;
(2) Currently financed by Connecticut Housing Finance Authority mortgages; or
(3) Subject to deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which:
(A) Will preserve the units as housing for individuals or families whose annual income is less than or equal to eighty percent (80%) of the median income; and
(B) Are calculated, consistent with section 8-30g-8 of the Regulations of Connecticut State Agencies, by limiting assumed annual household expenditures for housing to no more than thirty percent (30%) of such household annual income.
(4) Mobile manufactured homes located in mobile manufactured home parks or legally approved accessory apartments which homes or apartments are subject to a covenant or restriction substantially in compliance with section 8-30g-10 of these regulations.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 30g - Affordable Housing Land Use Appeals Procedures › Section 8-30g-6 - State certificate of affordable housing completion; moratorium on applicability of section 8-30g of the Connecticut General Statutes to certain affordable housing applications

Current through July 10, 2024
(a) As provided in section 8-30g(l) of the Connecticut General Statutes, certain applications for affordable housing development shall be subject to a moratorium for a period of three years from the publication by the Department of notice of issuance of a state certificate of affordable housing completion, or during a period of qualification for provisional approval of a state certificate of affordable housing completion.
(b) The chief elected official of any municipality may apply to the commissioner for a state certificate of affordable housing completion.
(c) An application for a state certificate of affordable housing completion shall include at least the following:
(1) A letter to the commissioner signed by the chief elected official of the municipality;
(2) A letter from an attorney representing the municipality, stating an opinion that the application complies with section 8-30g of the Connecticut General Statutes and this section as in effect on the day the application is submitted;
(3) On a form provided by the Department, a summary calculation of the housing unit-equivalent points required of the applicant municipality in order to qualify for a state certificate;
(4) Documentation of the existence of the required housing unit-equivalent points, in accordance with the specifications of subsection (e) of this section;
(5) The justification for claiming such points, with reference to the descriptions and point schedule set forth in section 8-30g of the Connecticut General Statutes and subsection (i) of this section;
(6) Certification by the applicant municipality that for each unit for which housing unit-equivalent points are claimed, a valid certificate of occupancy has been issued by the building official of such municipality and is currently in effect, provided that copies of such certificates of occupancy need not be submitted;
(7) Certification that the municipality has identified and deducted, or otherwise excluded from the total housing unit-equivalent points claimed, all units that as a result of action by the municipality, municipal housing authority, or municipal agency, no longer qualify, as of the date of submission of the application, as providing housing unit-equivalent points, without regard to whether the units were originally constructed before or after July 1, 1990;
(8) All documentation reflecting compliance with the notice, publication, and other procedural requirements set forth in subjection (j) of this section;
(9) A fee sufficient to reimburse the department for its costs of publication of notices as set forth in sections 8-30g-1 to 8-30g-11, inclusive, of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 30g - Affordable Housing Land Use Appeals Procedures › Section 8-30g-7 - Affordability plans and conceptual site plans

Current through July 10, 2024
(a) An affordability plan shall include at least the elements set forth in section 8-30g(b)(1) of the Connecticut General Statutes and shall at a minimum contain or comply with the following:
(1) The designation of the person who will be qualified and responsible for administration of the affordability plan shall include identifying responsibility for:
(A) Ensuring that households applying for affordable units qualify within applicable maximum income limits;
(B) Assuring the accuracy of sale or resale prices or rents, and providing documentation where necessary to buyers, sellers, lessors, lessees and financing institutions;
(C) Maintaining minimum percentages in a set-aside development;
(D) Reporting compliance to the municipality; and
(E) Executing the affirmative fair housing marketing plan.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 30g - Affordable Housing Land Use Appeals Procedures › Section 8-30g-8 - Maximum housing payment calculations in set-aside developments

Current through July 10, 2024
(a) The maximum price for any affordable unit that is sold or resold within a set-aside development, for the period of affordability restrictions, to a household earning eighty percent of the median income or less, shall be determined as follows:
(1) Step 1. Determine area median income and the statewide median as published by the U.S. Department of Housing and Urban Development for the subject municipality, and use the lesser of these figures.
(2) Step 2. Adjust median income identified in Step 1 by family size by assuming that 1.5 persons will occupy each bedroom of an affordable unit, except in the case of a studio or zero-bedroom unit, in which case 1.0 person shall be assumed. Family size adjustment shall be made with reference to the following percentages:
NUMBER OF PERSONS IN FAMILY
1
2
3
4
5
6
7
8
PERCENTAGE ADJUSTMENT
70%
80%
90%
100% (BASE)
108%
116%
124%
132%
The family size adjustment that involves a half person (such as 4.5 persons) shall be calculated by taking the midpoint between the relevant figures above and below the half. For example, the adjustment for a 4.5 person household is 104 percent.
(3) Step 3. Calculate eighty percent (80%) of Step 2.
(4) Step 4. Calculate thirty percent (30%) of Step 3, representing that portion of household income deemed to be used for housing costs.
(5) Step 5. Divide step 4 by twelve (12) months to determine the maximum monthly housing payment.
(6) Step 6. Determine by reasonable estimate monthly housing expenses, including real property taxes; real property insurance; any common interest ownership or similar fee required of all unit purchasers or owners; and heat and utility costs, excluding television, telecommunications, and information technology services.
(7) Step 7. Subtract Step 6 from Step 5 to determine the amount available for mortgage principal and interest.
(8) Step 8. Using the amount resulting from Step 7, apply a mortgage term and interest rate that is commercially reasonable and available to households likely to apply to purchase such units, in order to determine the financeable amount.
(9) Step 9. Calculate down payment, which shall comply with subsection (c) of this section.
(10) Step 10. Add Steps 8 and 9 to determine the maximum sale or resale price.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 30g - Affordable Housing Land Use Appeals Procedures › Model Deed Restrictions for Affordable Housing Land Use Appeals Procedure › Section 8-30g-10 - Model deed restriction for promulgation of the affordable housing appeals list

Current through July 10, 2024
(a) On or after the effective date of this subsection, a dwelling unit that is not otherwise counted as part of a set aside development shall qualify to be counted for the purpose of preparing and promulgating the affordable housing appeals list if the unit is subject to a covenant or restriction that contains substantially the following language and meets the duration requirements of subsection (b) of this section:
(1) For a dwelling unit that is rented:
"This unit is an affordable housing dwelling unit and is therefore subject to a limitation on the maximum annual income of the household that may rent the unit, and is subject to a limitation on the maximum rental that may be charged for the unit. these limitations shall be strictly enforced, and may be enforced by the zoning enforcement authority of [the municipality] or owner or landlord of this unit.
For the duration of this covenant or restriction, this dwelling unit shall be rented to persons or families whose annual income is equal to or less than eighty percent (80%) of the median income as defined in subsection 8-30g-1(10) of the Regulations of Connecticut State Agencies, and may be rented only at a rental equal to or less than the rental determined using the formula for maximum monthly rental amount, including utilities, stated in section 8-30g-8(d) of the Regulations of Connecticut State Agencies."
(2) For a dwelling unit that is sold or resold:
"This dwelling unit is an affordable housing dwelling unit and is therefore subject to a limitation at the date of purchase on the maximum annual income of the household that may purchase the unit, and is subject to a limitation on the maximum sale or resale price. These limitations shall be strictly enforced, and may be enforced by the zoning enforcement authority of [the municipality].
For the duration of this covenant or restriction, this dwelling unit may be sold only to a household or family whose annual income is equal to or less than 80 percent (80%) of the median income as defined in subsection 8-30g-1(10) of the Regulations of Connecticut State Agencies, and may be sold or resold and only at a price equal to or less than the price determined using the formula stated in section 8-30g-8(a) of the Regulations of Connecticut State Agencies."
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 30g - Affordable Housing Land Use Appeals Procedures › Model Deed Restrictions for Affordable Housing Land Use Appeals Procedure › Section 8-30g-11 - Dwelling units subject to existing restrictions

Current through July 10, 2024
For the purpose of the affordable housing appeals list, any covenant or restriction that was adopted prior to the effective date of section 8-30g-9 or 8-30g-11 of these regulations, and which has been accepted previously by the commissioner for inclusion on the list, need not be revised in accordance with these regulations, and may continue to be counted on the list, so long as its terms remain unchanged and it remains a binding obligation.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Section 8-37ee-2 - Description

Current through July 10, 2024
(a) The department is legislatively mandated under Section 8-37ee of the Connecticut General Statutes and the Connecticut Fair Housing Act, 46a-64b et seq. to promote fair housing choice and racial and economic integration in all housing funded in whole or in part by the department. Further, owners of state assisted housing are responsible for including in their Affirmative Fair Housing Marketing Plan provisions for the recruitment of an applicant pool that includes residents of municipalities of relatively high populations of those that would be least likely to apply. The goal of the department is to promote integrated housing by means of standards for Affirmative Fair Housing Marketing and Occupant Selection Criteria. At least twenty percent (20%) of the units shall be promoted to the group identified as "least likely to apply."
(b) Affirmative Fair Housing Marketing and Occupant Selection Criteria determine both who shall have the opportunity to apply for state assisted housing and who shall ultimately be selected for such housing. Because the state is providing financing for the rehabilitation or construction of decent, safe, and attractive housing at a very low cost to the occupant, it is incumbent upon all owners to assure that broad based marketing as well as equitable and responsible occupant selection procedures be implemented.
(c) The affirmative fair housing marketing requirements set forth in Section 8-37ee-1 through Section 8-37ee-17 of this regulation shall apply to all recipients where department funding is used for the development or rehabilitation of:
(1) Subdivisions or multifamily developments of five or more lots or units; or
(2) Scattered site dwelling units, where the recipient's participation in department programs has exceeded, or shall thereby exceed, the development or rehabilitation of five such dwelling units during the year.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 1 - Affirmative Fair Housing Marketing Requirements › Section 8-37ee-3 - Characteristics of affirmative fair marketing programs

Current through July 10, 2024
Each recipient shall meet the following requirements or, if he contracts marketing responsibility to another party, be responsible for that party's carrying out the requirements:
(1) Carry out an affirmative program to attract buyers or tenants of all minority and majority groups to the housing for initial or ongoing sale or rental. An affirmative marketing program shall be in effect for each multifamily development throughout the life of the mortgage, assistance agreement or regulatory agreement, whichever is longer. The program shall include a carefully documented assessment of what groups are in need of affirmative marketing and a clearly articulated affirmative marketing policy and outreach effort. Such effort shall typically involve publicizing to those least likely to apply, the availability of housing opportunities through the type of media customarily utilized by the recipient, including minority publications or other minority outlets which are available in the housing market area. All advertising shall include the U.S. Department of Housing and Urban Development approved fair housing logo or slogan or statement and all advertising depicting persons shall depict persons of majority and minority groups.
(2) Maintain a nondiscriminatory policy in recruiting for staff engaged in the sale or rental of properties.
(3) Instruct all employees and agents, in writing and orally, in the policy of nondiscrimination and fair housing.
(4) Specifically solicit eligible buyers or tenants who may be referred to the recipient by the department or other organizations.
(5) Prominently display in all offices in which sale or rental activity pertaining to the project occurs, the U.S. Department of Housing and Urban Development approved Fair Housing Poster and include in any printed material used in connection with sales and rentals, the U.S. Department of Housing and Urban Development approved fair housing logo or slogan or statement.
(6) Post in a conspicuous position on all department project sites a sign displaying prominently either the U.S. Department of Housing and Urban Development approved Equal Housing Opportunity logo or slogan or statement.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 1 - Affirmative Fair Housing Marketing Requirements › Section 8-37ee-4 - The affirmative fair housing marketing plan

Current through July 10, 2024
Each recipient to which section 8-37ee-1 through 8-37ee-17 of these regulations apply shall provide, on a form and in the manner prescribed by the department in its affirmative fair housing marketing and selection procedures manual, information indicating his affirmative fair housing marketing plan to comply with the requirements set forth in Section 8-37ee-1 above. The plan, once approved by the department, shall be available for public inspection at the sales or rental office of the recipient.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 1 - Affirmative Fair Housing Marketing Requirements › Section 8-37ee-5 - Notice of housing opportunities

Current through July 10, 2024
The department shall prepare quarterly a list of all projects covered by section 8-37ee-1 through 8-37ee-17 of these regulations on which commitments have been issued during the preceding ninety days. The department shall maintain a roster of interested organizations and individuals, including public agencies responsible for providing relocation assistance and local housing agencies, desiring to receive the quarterly list and shall provide the list to them.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-6 - Procedures

Current through July 10, 2024
(a) The purpose of this Part is to establish a process to implement the department's affirmative fair housing marketing requirements set forth in Part 1, section 8-37ee-1 through 8-37ee-5 of these regulations, by developing a comprehensive procedure which provides all recipients subject to these requirements advance information as to departmental procedures to assure compliance.
(b) Compliance procedures consist of: approval of the affirmative fair housing marketing plan and selection procedures, approval of any modifications to the plan and procedures, pre-marketing conference if necessary, reports during the application and selection period, compliance review, if necessary, and initiation of sanctions.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-7 - Requisite approvals, notifications, and reports

Current through July 10, 2024
(a) The affirmative fair housing marketing plan and selection procedures shall be approved by the affirmative action office of the department prior to final approval of the recipient's application.
(b) Any modifications made to the plan and procedures subsequent to final approval shall also be approved by the affirmative action office.
(c) Recipients shall submit a Notification of Intent to Begin Marketing to the department, no later than 90 days prior to engaging in sales or rental marketing activities. Upon receipt of the Notification of Intent to Begin Marketing from the recipient, the department's affirmative action office shall review any previously approved plan and, if necessary, may schedule a preoccupancy conference at the department.
(d) Such conference shall be held prior to initiation of sales or rental marketing activities. At the preoccupancy conference, the previously approved plan shall be reviewed with the recipient to determine if the plan, and/or its proposed implementation, requires modification prior to initiation of marketing in order to achieve the objectives of the affirmve fair housing marketing regulation and the plan.
(e) Three reports regarding racial and economic make up of housing shall be made to the affirmative action office before final occupancy: one after the period for submission of applications; one after pre-screening; and one after final selection. These may be done by telephone with written follow-ups for verification. If the affirmative action office finds at any stage that there are insufficient "least likely to apply" candidates due to a lack of good faith affirmative fair marketing efforts, then the affirmative action office shall reserve the right to require additional outreach until such time as a sufficient effort has been expended or a sufficient number of applicants are available. Such additional outreach may delay the occupancy of units. The affirmative action office may further require a compliance meeting, as specified in Section 8-37ee-8, below.
(f) Recipients shall be required to collect racial and economic data from tenants and persons on waiting lists. The data collected shall analyze income groups and races served, and shall be reported to the Commissioner annually, before October thirty-first for the year ending the preceding September thirtieth. The analysis shall also include data for all households entering the housing development or project during the year ending the preceding September thirtieth and in occupancy the preceding September thirtieth.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-8 - Compliance meeting

Current through July 10, 2024
(a) If a recipient fails to comply with the affirmative fair housing marketing requirements or it appears that the goals of the plan may not be achieved or that the implementation of the plan should be modified, the department's affirmative action office may schedule a meeting with the recipient.
(b) The purpose of the meeting is to review the recipient's compliance with the affirmative fair housing marketing requirements and the implementation of the plan and to indicate any changes or modifications which may be required in its plan.
(c) A notice of the compliance meeting shall be sent to the last known address of the recipient, by certified mail, or through personal service. The notice shall advise the recipient of the right to respond within seven (7) days to the matters identified as subjects of the meeting and to submit information and relevant data evidencing compliance with the affirmative fair housing marketing regulations and the plan.
(d) The recipient shall be requested in writing to provide, prior to or at the compliance meeting, specific documents, records and other information relevant to compliance including but not limited to:
(1) copies of all advertising in the Metropolitan Statistical Area (MSA) or housing market area, as appropriate, including newspaper, radio and television advertising;
(2) photo of any sale or rental sign at the site of construction;
(3) copies of brochures and other printed material used in connection with sales or rental;
(4) evidence of outreach to community organizations and any other evidence of affirmative outreach to groups which are least likely to apply for the subject housing;
(5) evidence of instructions to employees with respect to company policy of nondiscrimination in housing;
(6) description of training conducted with staff;
(7) evidence of nondiscriminatory hiring and recruiting policies for staff engaged in the sale or rental activities;
(8) copies of applications and waiting lists of prospective buyers and renters maintained by the recipient;
(9) copies of sign-in lists maintained on site for prospective buyers and renters who are shown the housing;
(10) copies of the selection and screening criteria;
(11) copies of relevant sales or lease agreements; and
(12) any other information which documents efforts to comply with the plan.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-9 - Compliance reviews

Current through July 10, 2024
(a) All compliance reviews shall be conducted by the department's affirmative action office.
(b) Even in the absence of a complaint or other information indicating noncompliance, the department may conduct periodic compliance reviews throughout the life of the project.
(c) The purpose of a compliance review is to determine whether the recipient is in compliance with the department's requirements and the approved affirmative fair housing marketing plan. The recipient shall be given at least five days notice of the time set for any compliance review and the place or places for such review.
(d) The compliance review shall cover the following areas:
(1) sales and rental practices, including practices in soliciting buyers and tenants, determining eligibility, selecting and rejecting buyers and renters and in concluding sales and rental transactions;
(2) activities to attract minority and majority buyers and renters, including the use of advertising media, brochures, pamphlets, fair housing poster; and
(3) data relating to size and location of units, services provided, sales and/or rental price ranges and other matters relating to the marketing of the units.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-10 - Hearings

Current through July 10, 2024
Should a hearing be requested it shall be conducted in accordance with the following:
(1) Designation of Parties In issuing the notice of hearing, the Commissioner shall designate as parties any persons known to the Commissioner whose legal rights, duties or privileges are being determined in the contested case and any person whose participation as a party is deemed by the Commissioner to be necessary to the proper disposition of such proceeding. Subsequent to the issuance of the notice of hearing, no other person before the Commissioner shall have standing as a party within the definition of section 4-166(5) of the General Statutes, except upon the express order of the Commissioner.
(2) Participation by Persons Other Than Parties
(A) At any time prior to the Commencement of oral testimony in any hearing on a contested case, any person may request that the Commissioner permit that person to participate in the hearing. Any person not a party that is so permitted to participate in the hearing shall be identified as an intervenor for purposes of section 8-37ee-10 and shall participate in those portions of the contested case that the Commissioner shall expressly authorize.
(B) No grant or leave to participate in the hearing as an intervenor or in any other manner shall be deemed to be an admission by the Commissioner that the person he/she had permitted to participate is a party in interest that may be aggrieved by any final decision, order or ruling of the Commissioner, unless such grant of leave to participate expressly so states. An intervenor is a party of record for the limited purposes described in section 4-183 of the General Statute.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-11 - Filing of testimony and exhibits

Current through July 10, 2024
Upon the order of the Commissioner before, during or after the hearing any party shall prepare and file exhibits and testimony. Any additional exhibits and testimony shall be deemed to be an offer of evidence and shall be subject to such comment, reply and contest as due process shall require.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-12 - Uncontested disposition

Current through July 10, 2024
Unless precluded by law any request or petition may be resolved by stipulation, agreed settlement, consent-order or default, subject to the order of the Commissioner. Upon such disposition, a copy of the order of the Commissioner shall be served one each party.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-13 - Delegation of powers

Current through July 10, 2024
The Commissioner may designate any employee of the department to serve as hearing officer at a contested case hearing and to render a final decision or proposed final decision.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-14 - Record

Current through July 10, 2024
The record before the Commissioner in a contested case shall include (1) all motions, requests of action, petitions, pleadings, notices of hearing and intermediate rulings; (2) the evidence received and considered by the Commissioner; and (3) questions and offers of proof, objections and the rulings thereon during the hearing.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-15 - Final decision

Current through July 10, 2024
(a) The Commissioner shall render a final decision within ninety (90) days following the close of evidence or the due date for the filing of briefs, whichever is later, in such proceedings. All decisions and orders of the Commissioner concluding a contested case shall be in writing and shall include findings of fact and conclusions of law. The Commissioner shall serve a copy of the final decision by certified mail on each party in the manner required by these rules of practice.
(b) If the Commissioner fails to comply with the provisions of subsection (a) above, in any contested case, any party thereto may apply to the superior court for an order requiring the Commissioner to render a final decision.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-16 - Petition for reconsideration of final decision

Current through July 10, 2024
(a) Unless otherwise provided by law, a party in a contested case may, within fifteen (15) days after the personal delivery or mailing of the final decision, file with the department a petition for reconsideration on the grounds that (1) an error of fact or law should be corrected; (2) new evidence has been discovered which materially affects the merits of the case and which for good reasons was not presented in the hearing; or (3) other good cause for reconsideration has been shown.
(b) Within twenty-five (25) days of the filing of the petition, the department shall decide whether to reconsider the final decision. The failure of the department to make a decision within twenty-five (25) days of such filing shall constitute a denial of the petition.
(c) Within forty (40) days of the personal delivery or mailing of the final decision, the department, regardless of whether a petition for reconsideration has been filed, may decide to reconsider the final decision.
(d) If the department decides to reconsider the final decision, it shall proceed within thirty (30) days to conduct such additional proceedings as may be necessary to render a decision modifying, affirming or reversing the final decision.
(e) On a showing of changed conditions, the department may reverse or modify the final decision at any time, at the request of any person or on the department's own motion.
(f) The party or parties who were the subject of the original final decision or their successors, if known, and intervenors in the original case, shall be notified of the proceeding and shall be given the opportunity to participate in the proceeding. Any decision to reverse or modify the final decision shall make provision for the rights or privileges of any person who has been shown to have relied on such final decision.
(g) A person who has exhausted all administrative remedies available within the department and who is aggrieved by the final decision may appeal to the superior court as provided in section 4-183 of the General Statutes.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Section 8-37ee-17 - Compliance for existing state assisted units

Current through July 10, 2024
Each owner of five or more state assisted housing units shall comply with these requirements within at least one year of the effective date of this regulation.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Affirmative Fair Housing Marketing and Selection Procedures Manual › Section 8-37ee-300 - General information

Current through July 10, 2024
(a) This manual should be used in conjunction with the Fair Housing regulations under Section 8-37ee-1 through Section 8-37ee-17 of the Regulations of Connecticut State Agencies, and the instructions accompanying the Affirmative Fair Housing Market Form included in this manual.
(b) The purpose of this manual is to assist recipients of state financial assistance from the department in understanding what shall be required of them, as well as to further implement the provisions of Section 8-37ee-1 through Section 8-37ee-17 of the Regulations of Connecticut State Agencies.
(c) The Affirmative Fair Housing Marketing Plan shall be submitted on the form, and in the manner, prescribed by the department. The plan shall include all of the techniques which recipients intend to employ to assure that marketing is broad-based and that prospective buyers and/or renters of varied income groups, including persons with physical disabilities would feel welcome to apply. At least twenty percent (20%) of the units shall be promoted to the "least likely to apply" group.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Affirmative Fair Housing Marketing and Selection Procedures Manual › Section 8-37ee-301 - Definitions

Current through July 10, 2024
All terms defined in Section 8-37ee-1 of the Regulations of Connecticut State Agencies shall have the meanings set forth there.
The following apply to Section 8-37ee-300 through Section 8-37ee-314 of the Regulations of Connecticut State Agencies:
(1) "Least likely to apply" means those persons who, in the main, do not live in the area of the development because of racial or ethnic patterns, perceived community attitudes, price or other factor, and thus need additional outreach to inform them of their opportunity to live in the development. In predominantly white areas, these shall be minority groups; in predominantly minority areas, these shall be white groups.
(2) "Recipient" means a person, organization or individual who applies or may receive state financial assistance from the department.
(3) "Resident" means a person, including an applicant, living or working in the municipality in which the housing is located. Durational residency requirements are not permitted.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Affirmative Fair Housing Marketing and Selection Procedures Manual › Section 8-37ee-303 - Application process

Current through July 10, 2024
(a) The application period shall extend for at least 90 days before initial occupancy. An application deadline shall be established when all applications shall be completed and returned. Applications received after the deadline shall not be considered unless there is:
(1) an insufficient number of initial applicants; and/or
(2) the department determines that more affirmative marketing is necessary.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Affirmative Fair Housing Marketing and Selection Procedures Manual › Section 8-37ee-304 - Selection process

Current through July 10, 2024
(a) Recipients should develop a written selection plan which covers the tenant selection process they intend to use. Such plan should include, at a minimum, the following:
(1) Procedures for accepting applications and screening applicants;
(2) Fair housing requirements;
(3) When applicants may be rejected; and
(4) Procedures for selecting applicants from the waiting list(s).
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Affirmative Fair Housing Marketing and Selection Procedures Manual › Section 8-37ee-305 - Selection methodology

Current through July 10, 2024
(a) For purposes of fairness and equity the department allows either a point system or a purely random lottery selection method. However, if there is a tie score under the point system method and there is a limited number of units available for persons with the same point score, the random selection method or first come, first serve (chronological order) shall be used in conjunction with the point system to select which applicant gets the unit.
(b)
Point System Selection Method
(1) Point systems may be altered by the Commissioner to comply with fair housing goals. Where a program dictates other kinds of requirements, e.g. limited equity cooperatives may look for participants willing to put in sweat equity, points for such neutral categories may be added with the approval of the Commissioner.
(A) Calculation of Points - The applicant receives the full point score or none; subjective practical scoring is not allowed. Where department program requirements mandate selection criteria such as age, income, etc., applicants shall first meet that standard. Where an applicant does not meet the program requirements, the applicant may be rejected without further analysis.
Connecticut Administrative Code › Title 8 - Zoning, Planning, Housing, Economic and Community Development › 37ee - Fair Housing Regulations › Part 2 - Affirmative Fair Housing Marketing Compliance › Affirmative Fair Housing Marketing and Selection Procedures Manual › Section 8-37ee-306 - Insufficient number of least likely to apply applicants

Current through July 10, 2024
(a) If the Affirmative Action Office finds, at any stage, that there is an insufficient amount of least likely to apply candidates due to a lack of good faith affirmative fair marketing it shall have the right to require additional outreach until such time as a sufficient effort has been expended or a sufficient number of applicants is available. Such additional outreach may delay the occupancy of units.
(b) Where the department determines that good faith efforts have been made to recruit applicants who are least likely to apply and there is still an insufficient number of eligible applicants, recipients shall be given permission to rent or sell units to other eligible applicants.
(c) The department's determination of the owner's good faith efforts shall include, but not be limited to: substantiating that the outreach which it stated in its Affirmative Fair Housing Marketing Plan was actually completed; that such efforts met time and durational requirements; that the marketing approach was amended or enhanced when found deficient; and that there were particular local, regional, and/or market reasons for the failure of the Affirmative Fair Housing Marketing Plan to attract a sufficient pool of applicants who are least likely to apply. The owner shall develop and maintain adequate documentation in a manner prescribed by the department of its good faith efforts.