Did Connecticut's Department of Housing qualify as a public housing agency for federal Section 8 assistance?

Plain-English summary

Connecticut Attorney General Richard Blumenthal concluded that the state's Department of Housing (DOH) met the federal definition of a “public housing agency” under the United States Housing Act of 1937. The question arose from correspondence with the Hartford office of the U.S. Department of Housing and Urban Development about the Section 8 Rental Assistance Program. The opinion states: “the Connecticut Department of Housing qualifies as a public housing agency within the definition of the Housing Act.”

The federal definitions quoted in the opinion covered a state agency authorized to develop, operate, or assist lower-income housing. The Attorney General pointed to Connecticut housing statutes under which DOH administered a Low Income Housing Program, provided or arranged financial assistance for housing projects, oversaw low-rent projects, cooperated with local housing authorities, and supported other housing and redevelopment programs. Those powers put DOH within the federal definition even though the question concerned a state department rather than a local housing authority.

Currency note

This opinion was issued in 1991. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

For state housing officials: The opinion treated DOH's statutory authority to assist low-income housing development and operation as sufficient for public-housing-agency status under the federal definitions it quoted. Its examples included direct financial assistance, cooperation with local housing authorities, and programs for low-income occupancy.

For Section 8 administrators: The opinion identified the federal program at issue as Section 8 Rental Assistance. Its conclusion addressed whether DOH fit the agency definition used in that program; it did not assess a particular assistance contract or tenant application.

Common questions

Could a state department count as a federal public housing agency?

Yes. The definition quoted by the Attorney General included a state agency authorized to engage in or assist the development or operation of housing for lower-income families. He concluded that Connecticut DOH had such authority.

Did DOH have to own a public housing building to qualify?

The opinion's quoted definition also covered an agency authorized to assist housing development or operation. The Attorney General relied on DOH's support and financing powers, among others, rather than on ownership of a particular building.

Which Connecticut programs supported the conclusion?

The opinion named the Low Income Housing Program and cited statutes concerning housing-project financial assistance, low-rent project oversight, cooperation with local housing authorities, community development, and urban homesteading.

Background and statutory framework

The opinion read the federal Housing Act and 24 C.F.R. §882.102, which defined a public housing agency broadly enough to include an authorized state entity. It connected those definitions to Connecticut DOH's Low Income Housing Program, identified with Conn. Gen. Stat.§ 8-119bb, and several other statutory grants of housing-related authority. Its footnote described the Section 8 program and cited 42 U.S.C.A. §1437f. The official HTML has transcription errors in a few citations and words, which are preserved in the original text below.

Citations and references

The opinion discusses 24 C.F.R. §882.102, 42 U.S.C.A. §1437f, and Conn. Gen. Stat.§ 8-119bb, among other housing provisions. Its main federal-definition citation is printed with a stray “>” in the official HTML; the quoted definition and source link below provide the controlling context without silently altering that citation.

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/1991-formal-opinions/honorable-henry-sherer-department-of-housing-1991009-formal-opinion-attorney-general-of-connecticut

Original opinion text

Honorable Henry Sherer, Department of Housing, 1991-009 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

March 8, 1991

Honorable Henry Sherer

Department of Housing

1179 Main Street

Hartford, CT 06103-1089

Dear Commissioner Sherer:

By letter dated February 20, 1990, your predecessor in office, Commissioner Papandrea, requested our opinion on whether the Department of Housing (DOH) is a public housing agency within the purview of the United States Housing Act of 1937.1 The request was prompted by letters from William H. Hernandez, Jr., Manager of the Hartford Office of the United States Department of Housing and Urban Development ("HUD"). In our opinion, the DOH does meet the federal definition of a public housing agency under the Housing Act.

The term "public housing agency" is defined in 42 U.S.C> §1437a(b)(6) as "any State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development of operation of lower income housing." According to 42 U.S.C. §1437a(b)(1), "'lower income housing' means decent, safe and sanitary dwellings assisted under this chapter." The chapter in question, Eight, states throughout that HUD may enter into contracts with a public housing agency, which in turn can use the Federal financial assistance to assist in development of decent, sage and sanitary dwellings in accordance with the provisions of the chapter.

A public housing agency is also defined in 24 C.F.R. §882.102 as "[a}ny State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of housing for low-income Families." Part 882.102 does not define low-income families, but does indicate that lower income family is defined in Part 813 of the chapter:

A Family whose Annual Income does not exceed 80 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 80 percent of the median income for the area on the basis of its finding that such variations are necessary because of the prevailing levels of construction costs or unusually high or low family incomes.

24 C.F.R. §813.102. (See also, 42 U.S.C> §1437a(b)(2)).

Even a cursory review of the relevant Connecticut housing statutes demonstrates that DOH administers programs for low-income families as defined above. THe Low Income Housing Program itself falls within this category. See Conn. Gen. Stat.§ 8-119bb, et seq. (initial occupancy income limit 50 percent of area median as defined by HUD, with continued occupancy income limit 80 percent of area median as defined by HUD. Reg. Conn. Agencies, §8-119jj-7). There are many other programs administered by DOH which "assist in the development or operation of low income housing." See, for instance, Conn. Gen. Stat. §8-44a (State, acting through Commissioner of DOH, may provide financial assistance for housing projects); §8-45 (Commissioner's oversight regarding low rental housing projects); §8-49 (Commissioner of DOH to cooperate with local housing authorities regarding constructing or operating a housing project); §4-57 ( Commissioner's authority to secure federal assistance regarding housing projects); §8-68a (State, acting through the Commissioner may provide assistance to establish a community center as part of a housing project); §8-68e (State, acting through the Commissioner, may provide financial assistance to rehabilitate uninhabitable dwelling units); §8-119t (Commissioner of DOH shall encourage the development of independent living opportunities of low income handicapped persons by making grants-in-aid); Ch. 130, Part IV (State, acting by the Commissioner of DOH, authorized to provide financial and other assistance regarding redevelopment and urban renewal, which can include the development of low income housing).

The Commissioner of DOH also has a role in assisting the development, inter alia, of low income housing under the State's Community Development Program (Conn. Gen. Stat. §8-169a to §8-169m), and the Urban Homesteading Program (Conn. Gen. Stat. §8-169o to §8-169w).

Thus, the Connecticut Department of Housing qualifies as a public housing agency within the definition of the Housing Act.

I trust this addresses your question. If we can be of any further assistance, please feel free to contact us.

Very truly yours,

RICHARD BLUMENTHAL

ATTORNEY GENERAL

Paul K. Pernerewski

Assistant Attorney General

PKP:cd

1 The program in question is commonlyl known as the Section 8 Rental Assistance Program ("Section8") and is found in 42 U.S.C. §1437, et. seq., specifically 42 U.S.C.A. §1437f, and is governed by 24 C.F.R. §882. The program allows the Secretary of Housing ans Urgban Development to enter into a contract with a public housing agency, pursuant to which the public housing agency may enter into contracts with owners of existing residential, rental buildings to make rental assistance payments on behalf of elilgible tenants.