February 2023 | Page 44

APARTMENT ADVOCATE
Currently , Connecticut state law does not allow local jurisdictions to adopt rent control policies , as decided by the State ’ s Supreme Court , however they are enabled to create “ fair rent commissions ” which can receive complaints about rent and “ control and eliminate excessive rental charges .” The proposed rent control law , however , would apply to rental properties statewide and operate in addition to these fair rent commissions .
Montana
A newly introduced bill in Montana would preempt a local government from enacting rent control on private residential or commercial properties . The proposal , SB 105 , would provide an exception to this law for any properties that are donated or sold at a reduced price by the local government or receiving certain grant funding from the local jurisdiction , state , or federal government . If this bill passes , Montana will become the 32nd state to preempt rent control according to NAA ’ s research . Ohio passed legislation preemption local jurisdictions ’ regulation of rent in June of 2022 .
EPA Expands Water Protections
On December 30 , 2022 , the Environmental Protection Agency ( EPA ) issued a final rule expanding and redefining what “ waters of the United States ” means under the Clean Water Act .
“ The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters , the territorial seas , interstate waters , as well as upstream water resources that significantly affect those waters ,” the EPA said in a press release .
In response , the National Apartment Association ( NAA ) and the National Multifamily Housing Council ( NMHC ) released a statement emphasizing that the rule will ultimately “ create permitting delays , add development costs and create additional legal risks that will exacerbate the nation ’ s housing affordability crisis .”
The release also notes that “ this federal overreach will greatly expand the universe of properties , including many with only a tenuous relationship to a body of water , required to seek

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42 | TRENDS FEBRUARY 2023 www . aamdhq . org