Could Connecticut’s economic development department participate in federal public housing programs as a housing agency?

Plain-English summary

In 2002, the Connecticut AG concluded that the Department of Economic and Community Development, or DECD, qualified as a public housing agency under the federal Housing Act. The federal definition covered a government entity authorized to develop or operate public housing, or to help do so. Connecticut law made DECD the lead housing agency and assigned it housing planning, monitoring and financial assistance duties.

That classification meant DECD could participate as a public housing agency in Housing Act programs. The opinion resolved the agency-status question; it did not decide the terms of any particular federal award.

State housing officials at the time

DECD's statewide housing responsibilities were enough for the AG to find that it met the federal definition, even though the department had a broader economic development role.

Local housing authorities at the time

The AG pointed to DECD's statutory authority to provide financial assistance to local authorities as one of the duties supporting its federal agency status.

Currency note

This opinion was issued in 2002. 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.

Common questions

Q: Did DECD count as a public housing agency under federal law?
A: Yes. The AG concluded that Connecticut had authorized DECD to assist in public housing development and operation.

Q: Did DECD have to be a local housing authority to qualify?
A: No. The federal definition included state government entities and their agencies when they held the required housing authority.

Q: What Connecticut duties supported the answer?
A: The opinion identified DECD's lead housing role, statewide housing plan and monitoring duties, and financial assistance authority for local housing authorities.

Background and statutory framework

The Housing Act's definition turned on whether a public entity had authority to develop, operate or assist public housing. The AG compared that test with Connecticut statutes assigning DECD statewide housing duties and concluded that the department qualified.

Citations and references

Statutes: 42 U.S.C. § 1437a(b)(6); Conn. Gen. Stat. § 8-37r(a); Conn. Gen. Stat. § 8-44a.

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/2002-formal-opinions/timothy-coppage-department-of-economic-and-community-development-2002002-formal-opinion-attorney-gen

Original opinion text

Timothy Coppage, Department of Economic and Community Development, 2002-002 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

January 24, 2002

Timothy Coppage

Deputy Commissioner

Department of Economic

and Community Development

505 Hudson Street

Hartford, CT 06106

Dear Deputy Commissioner Coppage:

This is in response to your letter dated August 27, 2001, in which you request our opinion on whether the Department of Economic and Community Development ("DECD") is a "public housing agency" within the purview of the United States Housing Act of 1937 ("Housing Act"), 42 U.S.C. § 1437 et seq., and, therefore, is an entity able to participate as a public housing agency in programs authorized under the Housing Act. In our opinion, DECD is such a public housing agency.

The Housing Act was enacted "to assist the several States and their political subdivisions to remedy the unsafe and unsanitary housing conditions and acute shortage of decent, safe, and sanitary dwellings for families of lower income." 42 U.S.C. § 1437. See, Thorpe v. Housing Authority of City of Durham, 393 U.S. 268, 89 S.Ct. 518, 21 L.Ed.2d 474 (1969): "One of the specific purposes of the federal housing acts is to provide ‘a decent home and suitable living environment for every American family’ that lacks the financial means of providing such a home without government aid.” 393 U.S., at 281, 89 S.Ct., at 525-26. In furtherance of this goal, Congress has authorized the United States Department of Housing and Urban Development (“HUD”) to provide financial and other assistance to public housing agencies. See, e.g., 42 U.S.C. §§ 1437b, 1437c.

The term "public housing agency" is defined in the Housing Act to "mean[] any State, county, municipality, or other government entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of public housing." 42 U.S.C. § 1437a(b)(6). See also, 24 CFR § 5.100.

Under Connecticut law, DECD is "the lead agency for all matters relating to housing"; Conn. Gen. Stat. § 8-37r(a); and is "successor to the functions, powers and duties of the Department of Economic Development relating to housing, community development, redevelopment and urban renewal as set forth in chapters 128, 129, 130, 135 and 136 in accordance with the provisions of sections 4-38d, 4-38e and 4-9." Conn. Gen. Stat. § 8-37r(b). Among other things, DECD is charged with the responsibility, together with the Connecticut Housing Finance Authority, of preparing and updating a long-range state housing plan; Conn. Gen. Stat. § 8-38t; and of monitoring the progress of the public and private sector toward meeting housing needs in the State of Connecticut. Conn. Gen. Stat. § 8-37s. The Commissioner of DECD has been given the responsibility for establishing a program of financial assistance to local housing authorities, including any major repair or replacement of housing in projects developed with state financial assistance. Conn. Gen. Stat. § 8-44a.

In short, a review of the various housing provisions in the General Statutes of Connecticut discloses that DECD is a public agency with statewide jurisdiction "authorized to engage in or assist in the development or operation of public housing" and, as such, is a "public housing agency" as that term is defined and used in the federal Housing Act.

Very truly yours,

RICHARD BLUMENTHAL

ATTORNEY GENERAL

Cornelius F. Tuohy

Assistant Attorney General

RB/CFT/rwg