| 1 | 1 | | General Assembly Raised Bill No. 6661 |
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| 2 | 2 | | January Session, 2013 LCO No. 4491 |
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| 3 | 3 | | *04491_______JUD* |
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| 4 | 4 | | Referred to Committee on JUDICIARY |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (JUD) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 6661 |
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| 11 | 11 | | |
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| 12 | 12 | | January Session, 2013 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 4491 |
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| 15 | 15 | | |
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| 16 | 16 | | *04491_______JUD* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on JUDICIARY |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (JUD) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING USE AND OCCUPANCY PAYMENTS IN SUMMARY PROCESS MATTERS. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Section 47a-26b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) If the defendant appears, the court shall, upon motion and without hearing, unless the defendant files an objection within five days of the filing of the motion, order the defendant to deposit with the court within [ten] five days of the filing of the motion payments for use and occupancy in an amount equal to the last agreed-upon rent or, in the absence of a prior agreed-upon rent, in an amount equal to the fair rental value of the premises during the pendency of such action accruing from the date of such order. If the motion is served upon the defendant with the complaint, the motion shall be deemed for purposes of this section to have been filed on the date on which the [defendant appears] return of service of the complaint and motion is made. If the motion is served upon the defendant with the complaint, the defendant's objection to the motion, if any, shall be filed not later than the time prescribed for the defendant to file an appearance. If all or a portion of the defendant's rent is being paid to the plaintiff by a housing authority, municipality, state agency or similar entity, this requirement shall be satisfied if the defendant deposits with the court an amount equal to his portion of the last agreed-upon rent. The motion for use and occupancy payments shall include a statement of the amount of the last agreed-upon rent. The motion shall be filed on a form prescribed by the Office of the Chief Court Administrator and shall contain, in clear and simple language, a notice advising the defendant that, if the defendant files an objection within five days of the date the motion was filed, the court will conduct a hearing on the motion prior to entering an order, but, if the defendant does not file an objection during such time period, the court will order use and occupancy payments without a hearing. The form shall also contain a place for the defendant to claim an objection to the motion and notice that the defendant may file an objection [at any time] within the time periods prescribed in this subsection. The filing by the plaintiff of a motion for use and occupancy payments shall not suspend the time limits for pleading under section 47a-26a. |
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| 31 | 31 | | |
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| 32 | 32 | | (b) Notice to the defendant of an order for use and occupancy payments shall be given on a form prescribed by the Office of the Chief Court Administrator. Such form shall state in clear and simple language and in readable format (1) the amount to be paid, (2) the date by which such payment must be received by the clerk, and (3) the consequences of failure to make payment as ordered. |
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| 33 | 33 | | |
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| 34 | 34 | | (c) If the defendant files an objection to the motion, a hearing on the objection shall be held not [more] later than seven days after such objection is filed, after which the court shall order the defendant to deposit with the court, not later than five days after the date of the order, payments for use and occupancy in an amount equal to the fair rental value of the premises during the pendency of such action accruing from the date of such order. If all or a portion of the defendant's rent is being paid to the plaintiff by a housing authority, municipality, state agency or similar entity, this requirement shall be satisfied if the defendant deposits with the court an amount equal to his portion of the fair rental value of the premises. The last agreed-upon rent shall be prima facie evidence of the fair rental value of the premises. The party claiming a different amount shall have the burden of proving that the last agreed-upon rent is not the fair rental value. Such order shall permit the payment of such amounts in monthly installments, as such amounts become due. Nothing in this subsection shall preclude either party from subsequently moving to modify the amount of the payment order for cause shown. |
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| 35 | 35 | | |
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| 36 | 36 | | (d) If the defendant fails to make such payments as ordered, the clerk shall, immediately and without the filing of a motion, order [the defendant to file his answer and, if the defendant fails to do so within four days of the mailing of such order, judgment shall forthwith be entered for] judgment by default in favor of the plaintiff. [If] In a matter in which a motion for use and occupancy was served upon the defendant with the complaint, if the defendant files [an answer within such four-day period, the clerk shall set such matter down for hearing not less than three nor more than seven days after such answer and reply, if any, are filed] a motion to set aside the judgment by default, the court may not grant such motion unless the defendant has fully complied with (1) the court's prior order concerning the deposit of use and occupancy payments with the court, and (2) the requirements set forth in sections 47a-26i, 52-212, 52-212a and 52-259c. |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | This act shall take effect as follows and shall amend the following sections: |
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| 42 | 42 | | Section 1 October 1, 2013 47a-26b |
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| 43 | 43 | | |
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| 44 | 44 | | This act shall take effect as follows and shall amend the following sections: |
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| 45 | 45 | | |
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| 46 | 46 | | Section 1 |
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| 47 | 47 | | |
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| 48 | 48 | | October 1, 2013 |
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| 49 | 49 | | |
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| 50 | 50 | | 47a-26b |
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| 51 | 51 | | |
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| 52 | 52 | | Statement of Purpose: |
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| 53 | 53 | | |
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| 54 | 54 | | To expedite resolution of summary process matters by revising procedures associated with use and occupancy payments. |
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| 55 | 55 | | |
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| 56 | 56 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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