Conn. Gen. Stat. § 8 § 8-73
Eviction of families having income over maximum limits. Waiver of eviction requirement.
Operative Text
(a) A tenant in a moderate rental housing project shall vacate the dwelling unit occupied by such tenant not later than sixty days after the housing authority or developer has mailed to such tenant, properly addressed, postage prepaid, written notice that the annual income of such tenant's family, determined under section 8-72, is in excess of that permitted for continued occupancy of such dwelling unit under said section. Upon the failure of such tenant to vacate such dwelling unit on or before the expiration of such sixty-day period and as long as such tenant continues to occupy such dwelling unit after the expiration thereof, such tenant shall be obligated, notwithstanding the provisions of section 8-72, to pay to the authority or developer monthly as rent for such dwelling unit an amount equal to the going rental therefor as fixed by the authority or developer plus an amount equal to two per cent of the excess of the annual income of such family over that permitted for continued occupancy of such dwelling unit under section 8-72. (b) Notwithstanding the provisions of subsection (a) of this section, if the eviction of such tenants would result in or increase the number of vacancies in such project, the housing authority or developer may request approval of the Commissioner of Housing to permit continued occupancy by tenants having an annual income over the maximum limits established for such project and rental of existing vacant units to tenants having an annual income over such maximum limits. If the commissioner finds that the vacancy rate which would result from refusal to grant such approval may result in an inability of the project to provide an income adequate for debt service, if any, administration, including the state service charge, other operating costs and reserves for repairs, maintenance, replacements and collection costs, the commissioner may approve such occupancy for a period of one year, subject to renewal for additional one-year periods. The amount fixed as rent for units so occupied pursuant to this subsection shall be determined as provided in subsection (a) of this section but in no event shall such rent be in excess of one hundred thirty-three per cent of the going rental as established pursuant to section 8-72.
Under Conn. Gen. Stat. § 8-73, tenants in moderate rental housing projects whose family income exceeds the maximum allowed under § 8-72 must vacate within 60 days of receiving written notice from the housing authority or developer. If a tenant remains after that period, the rent automatically increases to the market rate plus a surcharge equal to 2% of the income amount that exceeds the permitted limit. A waiver process exists allowing the housing authority or developer to seek the Commissioner of Housing's approval for continued occupancy when evictions would create vacancies that threaten the project's financial viability, with rent capped at 133% of the going rental rate in those cases.
Plain English — not legal advice.
Housing authorities and developers administering moderate rental housing projects under Conn. Gen. Stat. § 8-73 generally send written notice—properly addressed and postage prepaid—to any tenant whose family income has been determined to exceed the limits set by § 8-72, triggering the 60-day vacate period. Compliant operators track whether tenants remain past that deadline and, if so, adjust rent to the going rate plus the 2% income-excess surcharge as specified in § 8-73(a). When evictions would create vacancies threatening the project's debt service or operating costs, operators may apply to the Commissioner of Housing under § 8-73(b) for approval to allow over-income tenants to remain, subject to the 133% rent cap and annual renewal requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Conn. Gen. Stat. § 8-73 establishes that tenants in moderate rental housing projects have 60 days from the mailing of a written over-income notice to vacate before facing a higher rent obligation, which includes the market rate plus a 2% surcharge on the portion of income exceeding the permitted limit. Tenants who believe the income determination was made in error may want to review the calculation process under § 8-72, and tenant-rights organizations can help clarify what documentation or appeals processes may be available. If a housing authority or developer has sought a waiver under § 8-73(b), tenants should be aware that any rent charged under that waiver is capped at 133% of the going rental rate, and a local tenant-rights organization or legal aid office can help assess whether that cap is being properly applied.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 24, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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