Civil Rights Group Opposes New Canaan’s Affordable Housing Moratorium

A Connecticut-based civil rights organization has filed an intervenor brief in opposition to the state Department of Housing’s decision to grant a moratorium on affordable housing to the town of New Canaan under the Affordable Housing Appeals Act.

The civil rights group – Open Communities Alliance – cited Housing Department data claiming that only 3.93% of the town’s housing units are affordable.

Issued in August, the Housing Department’s decision exempts New Canaan from complying with state law 8-30g, which designed to promote affordable housing development, granting the town a second four-year moratorium. However, Open Communities argues in its brief that the town’s application for a moratorium should have been denied due to several disqualifying factors.

“DOH is preparing to issue a declaratory ruling on this matter, and [Open Communities], a civil rights organization in Connecticut advocating for fair housing, is calling on DOH to adhere to the intent of 8-30g and rescind New Canaan’s application,” the organization explained in a press statement. “The Affordable Housing Appeals Act permits developers to bypass local zoning regulations if a town fails to meet the affordable housing threshold [of 10 percent]. However, a town can receive a four-year moratorium only if it demonstrates annual compliance by making efforts to increase its affordable housing stock, something New Canaan has not effectively demonstrated.”

In its brief, Open Communities argues that New Canaan has failed to prove that only low-income households occupy the units counted toward the moratorium. The organization has also alleged that the town improperly included 80 demolished affordable housing units in its moratorium application count.

“If New Canaan is allowed to secure a moratorium without providing necessary supporting evidence, it sets a precedent that could enable any town to make unfounded claims, undermining the statute’s effectiveness,” Open Communities added in its statement. “Additionally, allowing New Canaan to retain points for demolished affordable units contradicts the fundamental purpose of the law.”

New Canaan town officials were not immediately available for comment on this story.

The Housing Department is set to issue its declaratory ruling on the matter by March 2025.