When Governor Lamont vetoed HB 5002 in June — wide-ranging housing legislation that would have dramatically changed the ability of local governments to impose zoning restrictions — many Westporters breathed sighs of relief.
But state lawmakers soon passed an amended version. HB 8002 takes effect January 1.
“It also expands the number of fair rent commissions — a government body that can hear complaints about rent increases and make decisions on whether to change that rental increase number — and bans ‘hostile architecture,’ or the use of things like armrests in the middle of benches or spikes to make it harder for people experiencing homelessness to lie down.”
Lamont said, “This bill tells mayors and first selectmen, ‘What do you want your town to look like in five or 10 years? Start planning accordingly. Where do you want that housing to go? Are you going to zone accordingly? What else do you need? We want to be your partner.'”
In 2024, Governor Lamont spoke at the dedication of 122 Wilton Road. All 19 units are considered affordable housing, under state regulations. (Photo/Dan Woog)
“06880” asked 1st Selectman Kevin Christie about 8002’s effect here. He says, “it does take effect January 1. But it does not trigger immediate zoning changes or new development in Westport.
“The intent of the law is to keep towns in control by encouraging proactive planning and execution. For Westport, that means building upon our existing affordable housing plans to develop a Housing Growth Plan, informed by community input and aligned with our long-term goals and Plan of Conservation and Development.
“We expect to focus on creating our own plan rather than defaulting to a regional approach, while working with the state and WestCOG as resources to support a solution that works for Westport.
“Some technical provisions of the law take effect later, including zoning-related updates beginning in July 2026, which will require thoughtful local review and public process.
Kevin Christie
“In addition to being part of the solution to the housing crisis and expanding affordable opportunities in Westport for our workforce, young families, and seniors, HB 8002 provides incentives for towns that plan and execute responsibly, including protections from adversarial 8-30g outcomes, access to state planning and technical assistance, and potential financial benefits tied to housing, infrastructure, and school construction.”
We also spoke to Westport Planning & Zoning chair Paul Lebowitz. He says it “creates a very complicated situation, with both near- and long-term aspects.
“Town attorney Ira Bloom is going through the law line by line, and will advise the commission on what steps we will have to take. This should come some time in January.
“In addition, Francis Pickering at the Western Connecticut Council of Governments is engaged in helping municipalities interpret and integrate the bill into our local regulations.”
In the short term, Lebowitz says, we must deal with the removal of any parking standard for projects less than 16 residential units. He notes, “While we hope developers would realize the need for onsite parking for their residents, they don’t have to offer any. Where their residents or tenants would park is of course the issue.”
Traffic and a parking garage were controversial elements of the Hamlet at Saugatuck plan. Now, a developer could build 8-30g affordable housing there — with no parking provisions at all.
In addition, owners of commercial properties can now try to convert to residential without the P&Z’s oversight.
“While Westport has approved such conversions in the past, it was always weighed by the commission as to whether there was a benefit to the town,” Lebowitz says. Under the new bill, any benefit to the town is no longer a consideration.
The bill also requires towns like Westport to either individually or regionally via their COGs (Councils of Government) create Housing Growth Plans, as well as an Affordable Housing Goal. Westport’s (and WestCOG’s) would be due in June of 2029.
P&Z chair Paul Lebowitz. (Photo/Dan Woog)
“This might seem like its far off,” Lebowitz says. “But with our need to create a new Plan of Conservation and Development, it will need to be integrated this year to help guide future developments.
He adds, “we have many smart minds working on this — first to interpret it for Westport, then to integrate it into our statutes.”
Town attorney Bloom says, “my legal team and I have been reviewing HB 8002 since Governor Lamont signed it. We will work with the P&Z, and Planning & Zoning director Michelle Perillie in the weeks ahead.
“HB 8002 replaced HB 5002, vetoed by Governor Lamont, but in my view only offers small improvements. The new law is intended to expand housing opportunities, but at the expense of local control.
“For instance, a required housing needs assessment must be completed, and it is possible that it will be done with the assistance of the regional Council of Government (COG).
Town attorney Ira Bloom
“Local parking minimums for certain residential developments are no longer allowed. Local regulations must allow for smaller residential units in certain areas by a non-discretionary review.
“There are dates and details associated with all of this — and more — in the new law, so there is a lot to digest.
“Advocates say it will enhance badly needed housing. Opponents object to the loss of local control. We will have ample time to discuss and have spirited debate on this in 2026.”
==================================================
Several other bills take effect on Thursday too. They include:
Condominiums can no longer prohibit or “unreasonably restrict” owners of single-family detached units from putting solar panels on their roofs. Condo associations can opt out, if at least 75% of their board of directors vote to do so by January 1, 2028.
In addition, the state’s minimum wage will rise by 59 cents, from $16.35 per hour to $16.94.
Oh boy. The good news just keeps on coming. You it’s trouble when Hartford says “We want to be your partner”.