Sec. 8-37ll. Submission of residential antidisplacement and relocation assistance plan to the Commissioner of Economic and Community Development. Regulations.
Sec. 8-37ll. Submission of residential antidisplacement and relocation assistance plan to the Commissioner of Economic and Community Development. Regulations. (a) No state financial assistance for any housing or community development
project or economic development project shall be provided by the Commissioner of
Economic and Community Development under any program administered by the commissioner unless the commissioner has first approved a residential antidisplacement and
relocation assistance plan submitted under subsection (b) of this section by the applicant
seeking such financial assistance. The Commissioner of Economic and Community
Development shall ensure that any such plan is properly implemented for each project
for which a plan is submitted.
(b) Any applicant seeking state financial assistance for any housing or community
development project or economic development project under any program administered
by the Commissioner of Economic and Community Development shall submit a residential antidisplacement and relocation assistance plan to the commissioner as part of the
application for such financial assistance. The plan shall demonstrate that the project for
which financial assistance is applied for will not cause the temporary or permanent
displacement of persons and families residing in any single-family or multifamily residential dwelling or, if such displacement will result, that such project will cause no more
displacement than is necessary to accomplish the project. If occupiable dwelling units
are destroyed as a result of the project or displacement of low and moderate income
households will result from the project, the plan shall further demonstrate that: (1) The
applicant shall provide comparable replacement dwellings within the same municipality
for the same number of occupants as could have been housed in the occupied and vacant
occupiable residential dwellings that will be demolished or converted to a use other than
housing for low and moderate income persons and families as a result of the project; (2)
such replacement dwellings shall be designed to remain affordable to low and moderate
income persons and families for ten years; (3) relocation assistance benefits shall be
provided pursuant to chapter 135 for all persons displaced as a result of the project;
and (4) displaced persons, to the extent practicable, who wish to remain in the same
neighborhood shall be relocated within such neighborhood. As used in this subsection,
"low and moderate income persons and families" means persons, families or households
whose annual income is less than or equal to eighty per cent of the area median income
for the area of the state in which they live, as determined by the United States Department
of Housing and Urban Development. An applicant shall be deemed to have met the
replacement requirements of this section by rehabilitation of vacant, unoccupiable units.
(c) The Commissioner of Economic and Community Development may exempt an
applicant from the provisions of this section upon determination that:
(1) Based on objective data, there is available in the area an adequate supply of
habitable affordable housing for the full range of low and moderate income persons, or
(2) The project will dedicate at least as much total floor space to housing for low
and moderate income persons and families as was contained in all the dwelling units
being replaced, whether occupied or vacant, and either (A) the project will not permanently displace any person or family or (B) all of the following: (i) The sizes and purposes
of the dwelling units in the project are at least as needed as the sizes and purposes of
the dwelling units to be replaced; (ii) the number of very low income persons to be
served in the project is not less than the number of very low income persons served by
the structure to be replaced, and (iii) the persons and families to be displaced by the
project will be relocated to permanent housing and will receive relocation assistance
pursuant to chapter 135. As used in this subsection, "very low income persons" means
persons whose annual income is less than or equal to fifty per cent of the area median
income for the area of the state in which they live, as determined by the United States
Department of Housing and Urban Development.
(d) The Commissioner of Economic and Community Development shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of
this section. Such regulations shall define the objective data used under subdivision (1)
of subsection (c) of this section to determine whether there is an adequate supply of
habitable affordable housing for the full range of low and moderate income persons and
families residing in the area.
(P.A. 91-279, S. 2; P.A. 92-183, S. 2, 3; P.A. 95-250, S. 17, 42; 95-309, S. 11, 12; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 92-183 amended Subsec. (c) by organizing Subsec. into Subdivs. and adding new Subdiv. (2) re criteria
for exemption and amended Subsec. (d) re regulations defining objective data; P.A. 95-250 and P.A. 96-211 amended
section to replace Commissioners of Housing and Economic Development with the Commissioner of Economic and
Community Development; P.A. 95-309 changed effective date of P.A. 95-250 but did not affect this section.