Bill Summary: HB 5326

• Modifies the affordable housing appeals process by shifting the burden of proof to municipal commissions to demonstrate that denials or restrictions are necessary to protect substantial public interests in health, safety, or other legal matters that outweigh the need for affordable housing.

• Expands the calculation of the 10 percent affordable housing threshold to include additional categories of dwelling units: deed-restricted units affordable to households at 80 percent of median income, mobile manufactured homes in parks, and legally approved accessory apartments with affordability restrictions for at least 10 years.

• Removes the January 1, 2023 deadline that previously prevented municipalities from opting out of accessory apartment allowance requirements, permitting municipalities to opt out at any time through a two-thirds vote by their zoning commission and legislative body.

• Requires the Commissioner of Housing to adopt regulations establishing formulas for determining rent levels, sale prices, maximum down payments, and other affordability plan criteria, effective October 1, 2023.

• Clarifies definitions related to affordable housing, including "average prime offer rate," "median income," and "resident-owned mobile manufactured home parks" to improve consistency in affordable housing calculations and requirements.