Shea Seeks Repeal Of Affordable Housing

State Representative Pat Shea, R-112th District, is co-sponsoring a measure that would repeal the State’s affordable housing law.

“The affordable housing law was enacted with a worthy goal in mind – providing more affordable housing for first-time home buyers. However, in practice, what it has done is allow developers to do pretty much as they please as long as their housing proposals contain the word ‘affordable,’” Rep Shea said.

If affordable housing units do not constitute 10 percent or more of a community’s total housing stock and developer decides to build an affordable housing complex in the town, current law allows local zoning regulations to be set aside to allow the project to go forward. If an appeal of an adverse ruling by a local land use board is filed, it goes forward under the state’s affordable housing land use appeals procedure, under which the burden of proof is on the town to show why developers should not be allowed to proceed with their projects.

“The affordable housing law allows developers to come into a town, buy property, and build a housing or apartment complex there, regardless of local zoning restrictions,” Rep Shea said, “Over the years, such projects have been built on properties totally inappropriate for housing complexes and at variance with many towns’ plans of development. The affordable housing law has been abused so often that it is absolutely clear to me that it must be repealed.”

The state’s current affordable housing law does not allow units in affordable housing complexes or other privately owned affordable housing to be used in determining the total number of affordable units located within a town. The only units that may be counted toward to 10 percent goal required by the current law are government assisted housing units, CHFA-financed units, and deed-restricted units that preserve housing as affordable.

“One of the bills I have cosponsored would require that all dwelling units in a development built under the affordable housing law be used in determining a town’s total stock of affordable housing units. If, for example, the proposed development on Maiden Lane in Monroe were approved, all 32 units would be counted toward the required 10 percent, not just the eight units that would be deed restricted as affordable housing,” Rep Shea said. “This would more quickly and fairly help a community meet its current 10 percent goal.”

Rep Shea also co-sponsored a bill to lower from ten percent to five percent the proportion of affordable units in a municipality that would exempt the community from the provisions of the affordable housing appeals procedure.

To discourage frivolous appeals of land use board decisions by developers, Rep Shea also has sponsored a bill that would require developers to pay the municipality expenses if the community prevails in an appeal.