Cal. Civ. Code § 8-37ee-802
Insufficient number of least likely to apply applicants
Operative Text
(a) If the housing agency finds, at any time, that there is an insufficient number of least likely to apply applicants due to a lack of evidence of efforts of good faith affirmative fair housing marketing, it shall have the right to require additional marketing by the entity until such time as the housing agency determines that a sufficient effort has been expended or a sufficient number of applicants is available. Such additional marketing may delay the initial creation of a waitlist. (b) Where the housing agency determines that sufficient evidence of good faith efforts exists and there is still an insufficient number of eligible applicants who are least likely to apply, the housing agency may permit the entity to rent or sell units or extend participation in the program administered by the entity to other eligible applicants. (c) The housing agency’s determination of the entity’s good faith efforts shall include, without limitation, substantiating: that the dissemination of information to potential applicants included in its affirmative fair housing marketing plan was actually completed; that such efforts met time and durational requirements; that the marketing approach was amended or enhanced when found deficient; and that there were particular local, regional, or market reasons for the failure of the affirmative fair housing marketing plan to attract a sufficient pool of applicants who are least likely to apply. The entity shall develop and maintain adequate documentation of its good faith efforts in a manner prescribed by the housing agency.
Under Conn. Agencies Regs. § 8-37ee-802, housing entities participating in state-administered programs are required to conduct affirmative fair housing marketing aimed at reaching populations least likely to apply for housing. If the housing agency finds that outreach efforts were insufficient, it can mandate additional marketing before a waitlist is created. Only when the agency is satisfied that genuine good-faith efforts were made—or that further outreach would not yield more eligible applicants—may the entity proceed to rent, sell, or extend program participation to other eligible applicants.
Plain English — not legal advice.
Conn. Agencies Regs. § 8-37ee-802 places the burden on housing entities to demonstrate good-faith affirmative fair housing marketing through thorough documentation. Compliant operators typically keep detailed records showing that their marketing plan was fully executed, met required timeframes, was updated when found lacking, and addressed any local or market conditions that limited outreach effectiveness. Maintaining this documentation in the format prescribed by the housing agency is a standard practice for operators seeking to avoid delays in waitlist creation or additional required marketing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Conn. Agencies Regs. § 8-37ee-802 establishes that housing entities must make genuine, documented efforts to reach applicants who are least likely to apply before opening waitlists or renting units to the general pool of eligible applicants. Prospective applicants who believe a housing entity skipped or inadequately performed required outreach may have grounds to raise that concern with the housing agency overseeing the program. Tenant-rights organizations and legal aid offices familiar with Connecticut fair housing regulations can help individuals understand what remedies or complaint processes may be available under this provision.
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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