The purpose of these regulations is to implement a program designed
to provide affordable housing in the Town of Killingworth pursuant
to the provisions of Connecticut General Statutes §§ 8-2g,
8-30g and 8-39a and Killingworth Zoning Regulations, Article VII.
As used in this regulations, the following terms shall have
the meanings indicated:
AFFORDABLE
An amount of money to be allocated for housing, determined
by the formula set forth below, that in addition to taxes and insurance,
may not exceed 30% of the gross income of a person or family that
receives 80% of the Middletown - Middlesex County area median income.
AFFORDABLE HOUSING
Housing developed pursuant to the special provisions of Connecticut
General Statutes §§ 8-2g, 8-30g and 8-39a and Killingworth
Zoning Regulations, Article VII.
AGENCY
The legal entity designated by the legislative body of the
Town of Killingworth to implement the affordable housing regulations,
or in the event that no such body has been designated, or has not
taken office or is unavailable for any reason, the Board of Selectmen
or its designee.
ELIGIBLE HOUSEHOLD
That which, at the time of the execution of a contract of
sale or a lease agreement, does not exceed 80% of the median family
income of the Middletown - Middlesex County Metropolitan Statistical
Area as established by the U.S. Department of Housing and Urban Development
on an annual basis.
PERIOD OF REVIEW
A.
The Agency shall control and review the income of purchasers
or renters as well as sales prices and rents allowable for the affordable
housing units, for a period of no less than 30 years after the date
of completion of such units.
B.
The Agency shall review all sales of affordable housing to determine
the sales price conforms to that established by the Housing Agency
and the property is sold to qualified purchasers.
Each year the Housing Agency shall determine the allowable cost
of the affordable housing units. Said cost shall be determined annually
by the affordable housing formula to the median area income as determined
by HUD. The allowable price upon resale shall be determined in conformity
with the guidelines set forth below.
A. The Housing Agency shall review all sales and rentals of affordable
housing, for a period of not less than 30 years from the date of completion
of the unit, to determine that the sales price or rent does not exceed
affordability as determined by these regulations.
B. The Housing Agency shall review all deeds and rental contracts for
affordable housing to determine that no interest in such property
is transferred except in accordance with the enabling statute and
these regulations.
The Agency shall determine the sales or the rental price for
an affordable housing unit by following the formula set forth below.
It is intended that the resulting price will enable the purchaser
or renter to live in the unit with a total expenditure for all housing
costs, including insurance and taxes, of no more than 30% of his gross
income, as intended by the statute and regulations.
The Authority recognizes that the shift of Killingworth from
the New Haven to Middletown - Middlesex County statistical areas for
computation of income may cause a hardship on current Killingworth
property owners. Therefore, during the following adjustment period,
the figure used for determining median income for determination of
cost and for determination of income for all purposes of these regulations
shall be calculated as follows for the years 2007 through 2010:
A. The figure used shall be determined by using the New Haven County
median income adjusted as follows:
(1) In 2007, said figure shall be increased by 25% over the New Haven
County median income.
(2) In 2008, said figure shall be increased by 50% over the New Haven
County median income.
(3) In 2009, said figure shall be increased by 75% over the New Haven
County median income.
(4) In 2010, said figure shall be increased by 100% over the New Haven
County median income.
B. In no event in any such year shall the median income figure used
exceed the Middletown - Middlesex County figure for that year. In
2011, and all ensuing years, the Middletown - Middlesex County area
income figure shall be used.
Any person or entity that is aggrieved by a decision of the
Director of the Agency under these regulations may appeal such ruling
to the Killingworth Housing Partnership within 10 working days of
the date the decision was mailed by the Director. The Agency shall
review the complaint, review the decision of the Director and render
a final decision within 10 days of such Agency meeting. The decision
of said Agency shall be considered final.