(a) Each housing agency, as defined in section
8-37aa, shall, within available resources and to the extent practicable, serve households with incomes less than fifty per cent of the area median income, including households with incomes less than twenty-five per cent of the area median income. In administering its programs each housing agency shall attempt to serve households in the lower range of the income group for which the housing program was developed.
(b) Each housing agency shall affirmatively promote fair housing choice and racial and economic integration in all programs administered or supervised by such housing agency.
(P.A. 90-257, S. 13, 17; P.A. 91-362, S. 2.)
History: P.A. 91-362 designated existing language as Subsec. (a) and added new Subsec. (b) establishing an affirmative duty for housing agencies to promote fair housing choice and racial and economic integration in their programs.
Subsec. (b):
Trial court properly determined that there is no private right of action pursuant to Subsec; its purpose is made clear by legislature's placement of directive in an administrative chapter; that purpose is not consistent with an implied right of action, instead legislative directive is linked to strong reporting requirements that enable legislative and executive oversight for compliance. 277 C. 238.
Notes of Decisions
Asylum Hill Problem Solving Revitalization Ass'n v. King, 890 A.2d 522 (Conn. 2006).
· cites it 32× “General Statutes § 8-37cc provides: “(a) Each housing agency, as defined in section 8-37aa, shall, within available resources and to the extent practicable, serve households with incomes less than fifty per cent of the area median income, including households with incomes less…”
Rollins v. People's Bank Corp., 925 A.2d 315 (Conn. 2007).
· cites it 6× “238 , in which the plaintiffs, a low income resident of a certain neighborhood in the city of Hartford and an association that represents the interests of such residents, had contended that, notwithstanding the fact that the legislature had vested enforcement of General Statutes…”
Provencher v. Town of Enfield, 936 A.2d 625 (Conn. 2007).
· cites it 2× “257 -59 (no implied private right of action under state fair housing provision, General Statutes § 8-37cc [b], when statutory scheme vests oversight and enforcement in legislative and executive branches); Eder Bros.”
Gerardi v. City of Bridgeport, 985 A.2d 328 (Conn. 2010).
· cites it 2× “2d 522 (2006) (rejecting plaintiffs claim that General Statutes § 8-37cc [b] implicitly provides private right of action); Eder Bros.”
J.P. Alexandre, LLC v. Egbuna, 49 A.3d 222 (Conn. App. Ct. 2012).
· cites it 2× “2d 522 (2006) (rejecting plaintiffs claim that General Statutes § 8-37cc [b] implicitly provides private right of action); Eder Bros.”
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