Connecticut House Bill HB05203

Connecticut 2015 Regular Session

• Introduced: 1/9/15
• Refer: 1/9/15

Caption

An Act Concerning The Threshold To Prove Existence Of A Public Nuisance Upon Real Property.

Impact

If enacted, HB 5203 will make it significantly easier for authorities to declare properties as public nuisances based on the criminal activity associated with them. This change is likely to expedite legal proceedings against property owners whose properties are identified as locations of repeated criminal activity, offering local governments increased power in managing real estate concerns that might impact community safety and well-being. Supporters of the bill argue that this will help combat properties that contribute to crime and disorder in neighborhoods.

Summary

House Bill 5203 aims to amend the existing regulations regarding public nuisances on real property by lowering the threshold of evidence required for the state to establish a rebuttable presumption of public nuisance. Specifically, the bill proposes that the number of arrests or issued arrest warrants necessary to meet this threshold be reduced from three to two within a three-year period preceding any legal action, rather than the current requirement of a one-year period.

Contention

However, there may be notable contention around this bill, as critics might argue that lowering the burden of proof could unfairly target property owners and potentially erode their rights to due process. The shift from a higher threshold of three incidents within a year to two incidents over three years could lead to more frequent legal actions against landlords or property owners, raising concerns about overreach and the potential for misuse of the law. Such accusations have implications not only for property rights but also for the broader discussions surrounding community safety and the balance between enforcement and individual liberties.