Connecticut Post

Real change needed to housing statutes

- By Alexis Harrison Alexis Harrison is a member of the Fairfield Town Plan & Zoning Commission but writes this as a private citizen.

In response to state Rep. Jennifer Leeper’s op-ed, “Coming together to solve Fairfield’s housing needs”, it’s important to clarify and correct her piece. The failures of the Connecticu­t Affordable Housing Land Use Appeals Procedure, also known as 8-30g, have been an issue for years. Each election year we hear platitudes from politician­s, yet we have not seen any meaningful changes to this law, which has done little to create affordable housing units. What we have seen instead is bill after bill that also attempts to tie the hands of local officials and shift land use planning away from local control.

“We are facing a housing crisis in Connecticu­t and we need smart solutions that diversify housing in a way that works for our town.” Leeper says that 90,000 units are needed, but does not cite the source of this informatio­n or its accuracy. What is the source for this and other figures which are given to justify the continued existence of 8-30g and recent bills proposed to mandate housing developmen­t?

Leeper continues, “Our Town Plan and Zoning Commission needs a tangible, proactive and actionable plan to clearly lay out what the goals are and how the town is going to achieve them. While Fairfield’s TPZ adopted the recommenda­tions of the town’s Transit Oriented Developmen­t Study, they never implemente­d those recommenda­tions into the town’s zoning regulation­s.”

Fact: It is simply not true that the Fairfield TPZ hasn’t acted.

Fairfield’s TPZ, which I am a member of, has been very committed to affordable housing and creating a diversity of housing. In 2021, after months of study and work, the TPZ expanded our accessory dwelling unit regulation­s with input from housing advocates and other stakeholde­rs. Regarding our TOD, the TPZ has implemente­d recommenda­tions from the study into our regulation­s and our approvals. This has resulted in a great deal of density including 10 percent affordable units in the Commerce Drive/Fairfield Metro Center area, and we anticipate more to come.

The TOD study is also helping to guide the TPZ in a currently underway planning process to revise regulation­s for our Center Business District with the goal of expanding housing diversity while being cognizant of infrastruc­ture capacity and climate change, and while also retaining the small-town ambiance of our downtown area.

The TPZ is also in the middle of updating the Plan of Conservati­on & Developmen­t, and we are exploring ways to add density within the capacity and aging infrastruc­ture of our Town, the need for climate change resiliency planning, and with due considerat­ion of the differing attributes and constraint­s in different areas of our Town.

Additional­ly, Leeper need only to review Fairfield’s affordable housing plan issued pursuant to 8-30j which took countless hours, significan­t effort and considerat­ion of public comment and input.

While I appreciate Leeper’s bill that called for studying our affordable housing laws, the bill never got out of committee, and anyway, many would argue that it’s well past time for studies; we need action now. While our affordable housing law was a laudable goal when it was first enacted in 1990, it’s been a failure, seeming to lead to as much litigation as it does affordable housing.

Few towns in Connecticu­t have met the 10 percent affordable unit target that didn’t already have the 10 percent in 1989, given that it is almost a mathematic­al impossibil­ity. In the last few sessions, the Connecticu­t General Assembly has actually put forth several bills that if passed, would conflict with 830g’s 10 percent affordable housing goal, yet there has a been a glaring lack of attention to 8-30g, its flaws, and its interrelat­ionship with these recent legislativ­e attempts.

CT169Stron­g, an advocacy group which I am a part of, has put forth ideas to reform 8-30g including lowering the threshold to enable towns to plan better and sooner without being inundated, and expanding the law’s restrictiv­e definition of what qualifies as affordable housing. The group recommends removing the burden-shifting component of 8-30g that requires zoning commission­s to justify denials in court, rather than applicants having to prove the commission acted in error. This burden shifting is damaging: an unintended consequenc­e is that commission­s are bound to rule for developmen­ts that may well be harmful, due to the lack of well-heeled residents to finance lawyers and experts at public hearings.

This means commission­s may have to approve a harmful applicatio­n without being fully informed of its adverse impacts to health, safety and the environmen­t. Or, if a commission denies or reduces the scale of such an applicatio­n, it is likely the court will overturn the TPZ’s decision, due to lack of expertback­ed evidence of harm having been presented at the public hearing. It is hard to believe the legislatur­e in 1990 intended zoning commission­s to make permanent land use decisions without being fully informed of all the adverse consequenc­es of their decisions, but that is exactly what burden-shifting leads to.

Leeper and other legislator­s are encouraged to work with groups such as CT169 Strong to put forth meaningful change to 8-30g so that municipali­ties get credit for diligently working on housing diversity without being penalized in perpetuity for failing to achieve the elusive goal of 10 percent. It’s time to stop the election year platitudes and create change.

 ?? File photo ?? Alexis Harrison of Fairfield talks to the crowd at a rally at Town Hall organized by CT 169 Strong on Saturday, April 10, 2021, in Fairfield.
File photo Alexis Harrison of Fairfield talks to the crowd at a rally at Town Hall organized by CT 169 Strong on Saturday, April 10, 2021, in Fairfield.

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