Other States’ Reforms

California

 

California adopted legislation enabling accessory apartments. Reports show that accessory apartment production increased 11-fold during the first four years of adoption.

In September 2021, Governor Newsom signed two sweeping zoning reform bills, SB 9 and SB 10, that aimed to build on past legislative attempts to increase affordability and housing diversity in California. SB 9 allows duplexes on all single-family lots and permits homeowners to split their lots into two parcels of land. SB 10 streamlines the building process for multi-family housing by allowing local governments to rezone to allow up to 10 units of housing in parcels of land within transit areas or urban infill sites without being subject to state environmental reviews. Both bills show how California is paving the way for more climate-conscious, affordable communities, a movement that Connecticut should get on board with too.

Massachusetts

 

In January 2021, Governor Baker signed into law the Housing Choice bill (see p. 37), which requires towns with an MBTA station to create a “reasonably sized” district that allows multifamily as of right within a half-mile radius of the train station. This bill passed on a bipartisan basis in Massachusetts. It gives greater urgency to promoting transit-oriented communities here in Connecticut.

Oregon

 

Oregon has one of the earliest and most robust land use reform streaks. In 1973, Senate Bill 100 created a groundbreaking land use planning program, including anti-sprawl laws and the creation of an urban growth boundary around Portland. In 1979, it created a state agency with exclusive authority to hear appeals of land use decisions.

Fast forward to the last few years, when it has adopted several of the types of zoning reforms we are advocating. In 2017, the legislature adopted Senate Bill 1051, which required most cities with populations more than 5,000 or counties with populations more than 25,000 to allow accessory apartments as of right - and eliminated minimum parking requirements for accessory apartments. In 2019, the legislature adopted a Housing Choices law that allows duplexes everywhere single-family housing is located, and legalizes fourplexes, triplexes, townhomes, and cottage clusters on more than half of lots in larger cities and the Portland metro area. In addition, it requires the Portland area to rezone to allow quadplexes and “cottage clusters.” In 2021, Senate Bill 391 completed the legalization of accessory apartments, extending the legalization to rural residential areas.

Utah

 

Utah addressed the state’s rapidly increasing housing prices and a statewide shortfall of moderately priced homes by adopting legislation in March 2019 that requires cities (and encourages towns) to select strategies from a menu of 20+ options designed to increase moderate income housing development. The most common strategies adopted by municipalities to-date include:

  • Reducing regulations on accessory apartments in residential zones

  • Allowing higher density or moderate income housing in mixed-use commercial areas

  • Encouraging higher density or moderate income homes near major transit investments

Vermont

 

In October 2020, Vermont passed Act No. 179 (passed unanimously by the Senate and with the concurrence of the House!). The act loosened restrictions on accessory apartments, prohibited towns from denying multi-unit housing based on “character” considerations, and prohibited towns from limiting development on existing small lots under an eighth of an acre in size if the lot is connected to municipal water and sewer.