Jill Warren
Connecticut is one of the wealthiest states in the country, yet there is an alarming shortage of affordable housing across the state. The regulatory schemes of Connecticut municipalities only exacerbate the issue. Many towns and cities employ exclusionary zoning policies and regulations that make it difficult for lower-income households to reside in an area. A prominent example is single-family, two-acre zoning, which makes it difficult or even impossible to construct high density housing conducive to the creation of affordable housing. As a result of exclusionary zoning policies, Connecticut has effectively become economically segregated. This begs the question of whether exclusionary zoning policies violate the Fair Housing Act, which prohibits housing discrimination. This Note argues that, under the Fair Housing Act’s two primary theories of liability, exclusionary zoning policies generally do not violate the Act because economic status is not a protected class under the Act. Still, the economic segregation caused by exclusionary zoning persists. The State’s primary remedy to the affordable housing problem, Connecticut General Statutes Section 8-30g, although well-intentioned, has failed to combat the issue. This Note explores the shortcomings of Section 8-30g and suggests an alternative remedy to the affordable housing crisis in Connecticut.