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Housing Appeals Board pitches faster, lower-cost appeals to speed housing projects
Summary
The newly created Housing Appeals Board told senators it provides a faster, less expensive alternative to Superior Court for land-use appeals and said cutting the board would shift costs and delay decisions that affect housing development timelines.
Elizabeth Menard, clerk for the Housing Appeals Board, and Chairman David Rogers told the Senate Finance Committee the board provides an expedited path for land-use appeals that saves time and money compared with Superior Court.
What the board does: The board was enacted in 2020 and has operated since 2021 with three administrative judges who bring legal, engineering and municipal planning experience. Menard said the board aims to resolve appeals faster and at lower cost than Superior Court, with a typical process that includes docketing, a certified-record period for the municipality and a hearing schedule designed to meet the statute's 90-day hearing target. "When you come to the Housing Appeals Board, you have a decision in approximately May... you have a hearing within 90 days," Menard said, describing a common timeline significantly shorter than a Superior Court appeal.
Why it matters for housing: The board said it has handled appeals touching a wide range of zoning and planning matters and that accelerating decisions protects development timelines and reduces cost escalation for projects and homeowners. Menard cited an analysis the board submitted showing 2,741 housing units affected by decisions the board handled. She argued that eliminating the board would shift cases into Superior Court and create both time and cost increases.
Budget and structure: The board runs on a small, staff-driven budget that is primarily salary and benefits (about 89%-90%). Menard told the committee the board recently procured a case-management system to go paperless and streamline filings but warned that the House budget language that would eliminate the board's positions would leave the state paying for board members' unexpired terms with no operational return in the coming biennium.
Senators raised timeline comparisons to the new Land Use Review docket in Superior Court and asked how sheriff service, scheduling and criminal-docket prioritization affect civil timelines. Menard and Rogers said while the Land Use Review docket addresses similar subject matter, the Housing Appeals Board remains a lighter, faster alternative that bypasses sheriff-service requirements and reduces procedural delay.
Ending note: The board asked senators to preserve its funding so it can continue to offer a lower-cost, faster appeal path for land-use matters and to support the state's housing goals.
