Applicability

(a) As set forth in section 8-37ee(a) of the Connecticut General Statutes, the fair housing requirements set forth in subtitle 8-37ee of the Regulations of Connecticut State Agencies shall apply to all entities participating in any program administered by a housing agency. (b) Where a housing agency uses funding for the development or rehabilitation of housing units, the requirements set forth in subtitle 8-37ee of the Regulations of Connecticut State Agencies shall apply to the development or rehabilitation of: (1) A subdivision, as defined in section 8-18 of the Connecticut General Statutes, or multifamily developments of five (5) or more lots or units; or (2) Five (5) or more scattered site dwelling units, whether part of a single housing opportunity or multiple housing opportunities. (c) The department may waive any nonstatutory requirements imposed by subtitle 8-37ee of the Regulations of Connecticut State Agencies. Requests for a waiver shall be in writing and addressed to the department. The department shall only grant such waiver with sufficient evidence that: (1) The strict enforcement of such requirements results in exceptional difficulty or unusual hardship not caused by the entity; (2) The benefit to be gained by waiver of the requirements outweighs the detriment which shall result from enforcement, if any; (3) The waiver is in harmony with affirmatively furthering fair housing with respect to all applicable state, federal and local fair housing laws and regulations; and (4) The waiver is in the best interest of the state.