CT Formal Opinion 2013-01 2013-07-10

Is Connecticut's Department of Housing a 'public housing agency' under federal law, so it can participate in federal public housing programs directly?

Short answer: Yes. The Connecticut AG concluded that the Department of Housing meets the federal definition of 'public housing agency' under 42 U.S.C. § 1437a(b)(6) and can participate in programs authorized under the United States Housing Act of 1937.

Disclaimer: This is an official Connecticut Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Connecticut attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

Plain-English summary

After the Connecticut General Assembly created the Department of Housing in 2012 (Public Act 12-1) and transferred most affordable-housing programs to it in 2013 (Public Act 13-234), Commissioner Klein asked whether DOH met the federal definition of "public housing agency" so it could participate directly in federal Housing Act programs. The AG concluded that DOH did meet the definition.

The federal definition (42 U.S.C. § 1437a(b)(6)) is broad: "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 or operation of public housing." Connecticut's DOH fits, because state law makes it the "lead agency for all matters related to housing" (Conn. Gen. Stat. § 8-37r(a)) and the statutory successor to the housing-related functions of DECD across Chapters 128, 129, 130, 135, and 136. By July 1, 2013, all affordable housing programs previously administered by DECD and housing-related programs run by other state agencies had been consolidated under DOH.

The opinion's practical effect was to confirm that DOH could engage directly with HUD as a state-level public housing agency, rather than having to work indirectly through Connecticut's municipal-level housing authorities.

Currency note

This opinion was issued in 2013. 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: What does it mean to be a "public housing agency" under federal law?
A: Status as a "PHA" under the Housing Act unlocks the ability to administer federal programs (public housing operating subsidies, Section 8 vouchers, capital fund grants) and to receive federal funds for those purposes. Local municipal housing authorities are the most common PHAs, but states or state agencies can qualify.

Q: Does this make DOH a competitor to municipal housing authorities?
A: Not exactly. Municipal housing authorities continue to operate within their cities or towns (see CT AG Formal Opinion 2012-05 confirming their jurisdictional limits). DOH's PHA status is independent and lets it act statewide for purposes federal law authorizes.

Q: What programs did the 2013 transfer cover?
A: Public Act 13-234 transferred responsibility for affordable housing development and financing, individual and group housing, rent subsidies, eviction and foreclosure prevention, shelter and transitional living, and ownership programs. All effective July 1, 2013.

Q: Why did this question need an AG opinion?
A: To give HUD and federal grant administrators written legal authority confirming DOH's PHA status. Federal program participation often requires the state agency to certify its eligibility, and an AG opinion is the canonical Connecticut format for that certification.

Background and statutory framework

The 2012 General Assembly enacted Public Act 12-1, creating the Department of Housing as a separate executive branch agency. The 2013 General Assembly followed with Public Act 13-234, which transferred housing-related programs from DECD, the Department of Social Services, and other agencies to DOH effective July 1, 2013.

Conn. Gen. Stat. § 8-37r(a) names DOH as the "lead agency for all matters related to housing." Subsection (b) makes DOH the statutory successor to DECD's housing-related functions across Chapters 128 (housing authorities), 129 (state housing), 130 (urban renewal), 135 (housing partnerships), and 136 (housing finance), among others. The statutory framework, combined with the federal definition of PHA, made the analysis straightforward: DOH is a state agency authorized to engage in or assist in the development or operation of public housing.

Citations and references

Federal statutes:
- 42 U.S.C. § 1437 (United States Housing Act of 1937)
- 42 U.S.C. § 1437a(b)(6) (PHA definition)

Connecticut statutes:
- Conn. Gen. Stat. § 8-37r
- 2012 Conn. Public Acts No. 12-1
- 2013 Conn. Public Acts No. 13-234

Source

Landing page: https://portal.ct.gov/AG/Opinions
Original PDF: https://portal.ct.gov/-/media/ag/opinions/2013/e_klein_doh-pdf.pdf?rev=0097f68755e045669d44ed20afb2da42

Original opinion text

55 Ebn Sireet
P.O. Box 120
Hartford, CT 06141-0120

GEORGE C. JEPSEN
ATTORNEY GENERAL,

Office of The Attorney General
State of Connecticut

July 10, 2013

Honorable Evonne M. Klein
Connecticut Department of Housing
505 Hudson Street

Hartford CT 06106

Dear Commissioner Klein:

This letter responds to yours dated June 25, 2013, in which you request
our opinion on whether the Department of Housing (“DOH”) is public housing
agency under the United States Housing Act of 1937 (the “Housing Act”), 42
U.S.C. § 1437 et seq., and therefore an entity able to participate as a public
housing agency in programs authorized under the Housing Act. In our opinion,
DOH does meet the definition of a public housing agency under the Housing Act.

The term “public housing agency” is defined in the Housing Act 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 or operation of public housing.” 42 U.S.C. § 1437a(b)(6).

Under Connecticut law, DOH is the “lead agency for all matters related to
housing;” Conn. Gen. Stat. § 8-37r(a); and is “a successor to the functions,
powers and duties of the Department of Economic and Community Development
(“DECD”) related 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 4-39,” Conn. Gen. Stat. § 8-37r(b). 2012
Conn. Public Acts, No. 12-1 created the DOH as a separate executive branch
agency and 2013 Conn. Pub. Acts, No. 13-234 transferred responsibility for and
administration of programs involving affordable housing development and
financing, individual and group housing, rent subsidies, eviction and foreclosure
prevention, shelter and transitional living and ownership to DOH. All affordable
housing programs previously administered by DECD and_housing-related
programs previously administered by other state agencies, including the
Department of Social Services have been transferred to DOH effective July 1,
2013.

Honorable Evonne M. Klein
Page 2

Accordingly, it is our opinion that DOH 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, r~

Veryvtuly yours,

GEORGE JEPSEN
ATTORNEY GENERAL