By Anne White
New Canaan’s four-year moratorium on Connecticut’s affordable housing statute, Section 8-30g, has been upheld by the state’s Department of Housing (DOH), reinforcing the town’s ability to control local zoning decisions. The March 3, 2025, ruling dismissed arguments from developers and housing advocates who sought to overturn the moratorium, confirming that New Canaan met all statutory requirements. However, as new legislative proposals in Hartford push for greater state control over zoning, local leaders warn that the fight is far from over.
State Confirms Moratorium, Rejecting Developers’ Challenge
The DOH’s ruling reaffirmed that New Canaan successfully documented its affordable housing efforts, allowing the town to maintain its exemption from Section 8-30g challenges until 2028. Developers, including 51 Main Street LLC and W.E. Partners LLC, had petitioned the state to revoke the moratorium, arguing that the town failed to demonstrate continuous compliance with affordability restrictions for units at Millport Apartments and Canaan Parish.
The DOH rejected this claim, clarifying that Connecticut law does not require towns to provide ongoing compliance data beyond initial certification. “To read the Petition and intervenors’ briefs, one would presume that the statute and Regulations refer extensively to a requirement of ongoing and continuous compliance… In fact, while the requirements for an application are set forth specifically in the statute and Regulations, such requirements do not include any reference to or requisite evidence of ongoing compliance,” the ruling stated.
The decision confirms that New Canaan’s certification of affordability restrictions—based on deed restrictions, zoning approvals, and financing agreements—was sufficient under state law. Developers’ attempts to argue that Millport and Canaan Parish had fallen out of compliance due to income verification issues were dismissed as legally irrelevant.
Hartford’s Legislative Push: New Threats to Local Zoning
While New Canaan’s moratorium provides temporary protection, proposals in the Connecticut General Assembly could undermine local zoning control in the near future. Senate Bill 1313 and House Bill 6831 both aim to increase housing density statewide by overriding municipal zoning laws.
Senate Bill 1313: This bill would require towns to allow high-density housing developments within a half-mile of train stations, bypassing local zoning rules and eliminating public hearings. Proponents argue it will alleviate Connecticut’s housing shortage, but opponents say it disregards infrastructure limitations and school overcrowding. “How are we supposed to accommodate this level of growth when we don’t even have the sewer capacity?” asked Maria Weingarten, a member of New Canaan’s Board of Finance when she testified against the bill.
House Bill 6831 (“Work Live Ride”): This bill seeks to condition municipal funding on compliance with state-prescribed housing density mandates. State Senator Ryan Fazio has pushed back against the measure, introducing amendments that would have reduced its most aggressive provisions. “Threatening to withhold hundreds of millions in vital funding for failure to comply with aggressive state-prescribed zoning is wrong,” Fazio said in a committee hearing. His amendments failed on party-line votes.
Developers’ Next Steps: Legal Challenges and More Applications
Following the court upholding the denial of the 51 Main Street affordable housing proposal by New Canaan’s Planning and Zoning Commission, developer Arnold Karp’s legal counsel, Timothy S. Hollister of Hinckley Allen & Snyder LLP, filed a motion seeking an extension of time to file a motion to reargue the decision. This procedural move indicates the developer’s intent to challenge the commission’s ruling and potentially pursue further legal avenues to advance the project.
A Temporary Victory, But The Fight Continues
The DOH’s ruling validates New Canaan’s efforts to manage housing growth, but the state’s legislative push for centralized zoning authority represents a growing challenge. With Connecticut’s Democratic-controlled government pushing hard for increased density, towns like New Canaan and Greenwich may find themselves increasingly at odds with state policymakers.
“This isn’t just about housing,” Weingarten said. “This is about whether local governments will continue to have a say in their own futures.”
For now, New Canaan’s moratorium stands. But with Hartford moving aggressively to reshape zoning laws, the town’s fight for local control is far from over.
