CT
Connecticut House Bill HB05713

Connecticut 2019 Regular Session

Connecticut House Bill HB05713 Compare Versions

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9+January Session, 2019
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13+Referred to Committee on HOUSING
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16+Introduced by:
17+(HSG)
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1421 AN ACT CONCERNING CO NSIDERATION OF CRIMINAL
1522 CONVICTIONS OF A PRO SPECTIVE TENANT.
1623 Be it enacted by the Senate and House of Representatives in General
1724 Assembly convened:
1825
1926 Section 1. Section 46a-64b of the general statutes is repealed and the 1
2027 following is substituted in lieu thereof (Effective October 1, 2019): 2
2128 As used in sections 46a-51 to 46a-99, inclusive, and section 2 of this 3
2229 act: 4
2330 (1) "Conviction" means a judgment entered by a court upon a plea of 5
2431 guilty, a plea of nolo contendere or a finding of guilty by a jury or the 6
2532 court notwithstanding any pending appeal or habeas corpus 7
2633 proceeding arising from such judgment. 8
2734 [(1)] (2) "Discriminatory housing practice" means any discriminatory 9
2835 practice specified in section 46a-64c, [or] section 46a-81e or section 2 of 10
2936 this act. 11
3037 [(2)] (3) "Dwelling" means any building, structure, mobile 12
3138 manufactured home park or portion thereof which is occupied as, or 13
32-designed or intended for occupancy as, a residence by one or more 14
39+designed or intended for occupancy as, a residence by one or more 14 WORKING DRAFT
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3345 families, and any vacant land which is offered for sale or lease for the 15
3446 construction or location thereon of any such building, structure, 16
35-mobile manufactured home park or portion thereof. 17 Substitute Bill No. 5713
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47+mobile manufactured home park or portion thereof. 17
4248 [(3)] (4) "Fair Housing Act" means Title VIII of the Civil Rights Act 18
4349 of 1968, as amended, and known as the federal Fair Housing Act (42 19
4450 USC 3600-3620). 20
4551 [(4)] (5) "Family" includes a single individual. 21
4652 [(5)] (6) "Familial status" means one or more individuals who have 22
4753 not attained the age of eighteen years being domiciled with a parent or 23
4854 another person having legal custody of such individual or individuals; 24
4955 or the designee of such parent or other person having such custody 25
5056 with the written permission of such parent or other person; or any 26
5157 person who is pregnant or is in the process of securing legal custody of 27
5258 any individual who has not attained the age of eighteen years. 28
5359 [(6)] (7) "Housing for older persons" means housing: (A) Provided 29
5460 under any state or federal program that the Secretary of the United 30
5561 States Department of Housing and Urban Development determines is 31
5662 specifically designed and operated to assist elderly persons as defined 32
5763 in the state or federal program; or (B) intended for, and solely occupied 33
5864 by, persons sixty-two years of age or older; or (C) intended and 34
5965 operated for occupancy by at least one person fifty-five years of age or 35
6066 older per unit in accordance with the standards set forth in the Fair 36
6167 Housing Act and regulations developed pursuant thereto by the 37
6268 Secretary of the United States Department of Housing and Urban 38
6369 Development. 39
64-(8) "Housing provider" means a landlord or owner, an agent of such 40
65-landlord or owner, a realtor, property manager, housing authority, as 41
66-created in section 8-40, public housing agency or other entity that 42
67-provides housing opportunities to potential tenants. 43
68-(9) "Landlord" means the owner, lessor or sublessor of the dwelling 44
69-unit, the building of which it is a part or the premises. 45
70-[(7)] (10) "Mobile manufactured home park" means a plot of land 46
71-upon which two or more mobile manufactured homes occupied for 47
72-residential purposes are located. 48 Substitute Bill No. 5713
70+(8) "Housing provider" means a landlord or owner, as those terms 40
71+are defined in section 47a-1, or an agent of such landlord or owner, a 41
72+housing authority, as created in section 8-40, a public housing agency 42
73+or other entity that provides housing opportunities to potential 43
74+tenants. 44 WORKING DRAFT
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79-(11) "Owner" means one or more persons, jointly or severally, in 49
80-whom is vested (A) all or part of the legal title to property, or (B) all or 50
81-part of the beneficial ownership and a right to present use and 51
82-enjoyment of the premises and includes a mortgagee in possession. 52
83-[(8)] (12) "Physical or mental disability" includes, but is not limited 53
84-to, intellectual disability, as defined in section 1-1g, and physical 54
85-disability, as defined in subdivision (15) of section 46a-51, and also 55
86-includes, but is not limited to, persons who have a handicap as that 56
87-term is defined in the Fair Housing Act. 57
88-[(9)] (13) "Residential-real-estate-related transaction" means (A) the 58
89-making or purchasing of loans or providing other financial assistance 59
90-for purchasing, constructing, improving, repairing or maintaining a 60
91-dwelling, or secured by residential real estate; or (B) the selling, 61
92-brokering or appraising of residential real property. 62
93-[(10)] (14) "To rent" includes to lease, to sublease, to let and to 63
94-otherwise grant for a consideration the right to occupy premises not 64
95-owned by the occupant. 65
96-Sec. 2. (NEW) (Effective October 1, 2019) (a) Except as provided in 66
97-subsections (b) and (c) of this section, it shall be a discriminatory 67
98-practice in violation of this section: 68
99-(1) (A) To refuse to rent after the making of a bona fide offer, or to 69
100-refuse to negotiate for the rental of, or otherwise make unavailable or 70
101-deny a rental unit or deny occupancy in a rental unit to any person 71
102-based on the applicant's criminal record, except for (i) conviction or 72
103-release from confinement for the commission of a misdemeanor 73
104-described in subparagraph (B) of this subdivision during the three 74
105-years immediately preceding the rental application, or (ii) conviction 75
106-or release from confinement for the commission of a felony described 76
107-in subparagraph (B) of this subdivision during the ten years 77
108-immediately preceding the rental application. 78
109-(B) Within the three and ten-year periods specified in subparagraph 79 Substitute Bill No. 5713
80+(9) "Landlord" means the owner, lessor or sublessor of the dwelling 45
81+unit, the building of which it is a part or the premises. 46
82+[(7)] (10) "Mobile manufactured home park" means a plot of land 47
83+upon which two or more mobile manufactured homes occupied for 48
84+residential purposes are located. 49
85+(11) "Owner" means one or more persons, jointly or severally, in 50
86+whom is vested (A) all or part of the legal title to property, or (B) all or 51
87+part of the beneficial ownership and a right to present use and 52
88+enjoyment of the premises and includes a mortgagee in possession. 53
89+[(8)] (12) "Physical or mental disability" includes, but is not limited 54
90+to, intellectual disability, as defined in section 1-1g, and physical 55
91+disability, as defined in subdivision (15) of section 46a-51, and also 56
92+includes, but is not limited to, persons who have a handicap as that 57
93+term is defined in the Fair Housing Act. 58
94+[(9)] (13) "Residential-real-estate-related transaction" means (A) the 59
95+making or purchasing of loans or providing other financial assistance 60
96+for purchasing, constructing, improving, repairing or maintaining a 61
97+dwelling, or secured by residential real estate; or (B) the selling, 62
98+brokering or appraising of residential real property. 63
99+[(10)] (14) "To rent" includes to lease, to sublease, to let and to 64
100+otherwise grant for a consideration the right to occupy premises not 65
101+owned by the occupant. 66
102+Sec. 2. (NEW) (Effective October 1, 2019) (a) It shall be a 67
103+discriminatory practice in violation of this section: 68
104+(1) (A) To refuse to rent to, negotiate for the rental of, or otherwise 69
105+make unavailable or deny a rental unit or deny occupancy in a rental 70
106+unit to any person based on the applicant's criminal record, except for 71
107+(i) conviction of a misdemeanor described in subparagraph (B) of this 72
108+subdivision during the three years immediately preceding the rental 73
109+application, or (ii) conviction of a felony described in subparagraph (B) 74 WORKING DRAFT
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116-(A) of this subdivision, housing providers may only consider criminal 80
117-convictions that, if repeated, would adversely affect the health, safety 81
118-or welfare of other tenants, including, but not limited to, (i) crimes of 82
119-physical violence to persons or property; (ii) crimes involving the 83
120-illegal manufacture, sale or distribution of a controlled substance, as 84
121-defined in section 21a-240 of the general statutes; (iii) violations of 85
122-subdivision (1) of subsection (a) of section 53-21 of the general statutes; 86
123-and (iv) sexual offenses under sections 53a-65 to 53a-90b, inclusive, of 87
124-the general statutes. 88
125-(C) In no case may records of arrest or a charge not followed by a 89
126-conviction, or records of convictions that have been erased, be used as 90
127-a basis to reject an applicant for housing. 91
128-(D) Prior to denying a rental application pursuant to this subsection, 92
129-a housing provider shall provide written notice to the applicant that 93
130-the application requires further review due to the applicant's criminal 94
131-conviction. The housing provider shall provide the applicant an 95
132-opportunity to present relevant mitigating information regarding the 96
133-conviction and evidence that the applicant would be a good tenant. 97
134-Such evidence may include the following factors: 98
135-(i) The nature and severity of the criminal offense; 99
136-(ii) The facts or circumstances surrounding the criminal conduct; 100
137-(iii) The age of the applicant at the time of the offense; 101
138-(iv) The length of time elapsed since the offense; 102
139-(v) Evidence the applicant has maintained a good tenant history 103
140-before or after the offense; 104
141-(vi) Any information produced by the applicant, or produced on the 105
142-applicant's behalf, in regard to the applicant's rehabilitation or good 106
143-conduct since the offense; and 107 Substitute Bill No. 5713
115+of this subdivision during the seven years immediately preceding the 75
116+rental application. 76
117+(B) Within the three and seven-year periods specified in 77
118+subparagraph (A) of this subdivision, housing providers may only 78
119+consider criminal convictions that, if repeated, would adversely affect 79
120+the health, safety or welfare of other tenants, including, but not limited 80
121+to, (i) crimes of physical violence to persons or property; (ii) crimes 81
122+involving the illegal manufacture, sale or distribution of a controlled 82
123+substance, as defined in section 21a-240 of the general statutes; and (iii) 83
124+sexual offenses under sections 53a-65 to 53a-90b, inclusive, of the 84
125+general statutes. 85
126+(C) In no case may records of arrest not followed by a conviction, or 86
127+records of convictions that have been erased, be used as a basis to 87
128+reject an applicant for housing. 88
129+(D) Prior to denying a rental application pursuant to this section, a 89
130+housing provider shall provide written notice to the applicant that the 90
131+application requires further review due to the applicant's criminal 91
132+conviction. The housing provider shall provide the applicant an 92
133+opportunity to present relevant mitigating information regarding the 93
134+conviction and evidence that the applicant would be a good tenant. 94
135+Such evidence may include the following factors: 95
136+(i) The nature and severity of the criminal offense; 96
137+(ii) The facts or circumstances surrounding the criminal conduct; 97
138+(iii) The age of the applicant at the time of the offense; 98
139+(iv) The length of time elapsed since the offense; 99
140+(v) Evidence that the applicant has maintained a good tenant history 100
141+before or after the offense; 101
142+(vi) Any information produced by the applicant, or produced on the 102 WORKING DRAFT
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150-(vii) Any other evidence that the offense is unlikely to reoccur. 108
151-(E) If, after consideration of evidence relevant to the factors set forth 109
152-in subparagraph (D) of this subdivision, the housing provider rejects 110
153-an applicant for housing based on conviction of a crime, such rejection 111
154-shall be in writing and specifically state the evidence presented and 112
155-reasons for rejection. A copy of such rejection shall be sent by 113
156-registered mail to the applicant at the address provided in the 114
157-application for housing. 115
158-(F) No housing provider may request any consumer reporting 116
159-agency to provide any criminal conviction information except as 117
160-permitted by this section. 118
161-(2) To discriminate against any person in the terms, conditions or 119
162-privileges of rental of a dwelling, or in the provision of services or 120
163-facilities in connection therewith, because of such person's criminal 121
164-conviction status. 122
165-(3) To make, print or publish, or cause to be made, printed or 123
166-published any notice, statement or advertisement, with respect to the 124
167-rental of a dwelling that indicates any preference, limitation or 125
168-discrimination based on criminal conviction status, or an intention to 126
169-make any such preference, limitation or discrimination. 127
170-(4) To represent to any person because of criminal conviction status 128
171-that any dwelling is not available for inspection or rental when such 129
172-dwelling is in fact so available. 130
173-(b) The provisions of this section shall not apply to a person who 131
174-applies for public housing who has a conviction for manufacture or 132
175-production of methamphetamine on the premises of federally assisted 133
176-housing, or to a person subject to a lifetime registration requirement 134
177-under a state sexual offender registration program pursuant to 24 CFR 135
178-960.204 and 24 CFR 982.553. Nothing in this section shall be construed 136
179-to limit the applicability of 24 CFR 960.204 or 24 CFR 982.553 with 137
180-regard to a public housing authority. 138 Substitute Bill No. 5713
148+applicant's behalf, in regard to the applicant's rehabilitation or good 103
149+conduct since the offense; and 104
150+(vii) Any other evidence that the offense is unlikely to reoccur. 105
151+(E) If, after consideration of evidence relevant to the factors set forth 106
152+in subparagraph (D) of this subdivision, the housing provider rejects 107
153+an applicant for housing based on conviction of a crime, such rejection 108
154+shall be in writing and specifically state the evidence presented and 109
155+reasons for rejection. A copy of such rejection shall be sent by 110
156+registered mail to the applicant at the address provided in the 111
157+application for housing. 112
158+(F) No housing provider may request any consumer reporting 113
159+agency to provide any criminal conviction information except as 114
160+permitted by this section. 115
161+(2) To discriminate against any person in the terms, conditions or 116
162+privileges of rental of a dwelling, or in the provision of services or 117
163+facilities in connection therewith, because of such person's criminal 118
164+conviction status. 119
165+(3) To make, print or publish, or cause to be made, printed or 120
166+published any notice, statement or advertisement, with respect to the 121
167+rental of a dwelling that indicates any preference, limitation or 122
168+discrimination based on criminal conviction status, or an intention to 123
169+make any such preference, limitation or discrimination. 124
170+(4) To represent to any person because of criminal conviction status 125
171+that any dwelling is not available for inspection or rental when such 126
172+dwelling is in fact so available. 127
173+(b) The provisions of this section shall not apply to (1) the rental of a 128
174+room or rooms in a single-family dwelling unit if the owner actually 129
175+maintains and occupies part of such unit as his or her residence, or (2) 130
176+a unit in a dwelling containing not more than four units if the owner 131
177+actually maintains and occupies one of such other units as his or her 132 WORKING DRAFT
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187-(c) The provisions of this section shall not apply to (1) the rental of a 139
188-room or rooms in a single-family dwelling unit if the owner actually 140
189-maintains and occupies part of such unit as his or her residence, or (2) 141
190-a unit in a dwelling containing not more than four units if the owner 142
191-actually maintains and occupies one of such other units as his or her 143
192-residence. 144
193-(d) Nothing in this section limits the applicability of any reasonable 145
194-state statute or municipal ordinance restricting the maximum number 146
195-of persons permitted to occupy a dwelling. 147
196-(e) Any person aggrieved by a violation of this section may file a 148
197-complaint not later than one hundred eighty days after the alleged act 149
198-of discrimination, pursuant to section 46a-82 of the general statutes. 150
199-(f) Notwithstanding any other provision of chapter 814c of the 151
200-general statutes, complaints alleging a violation of this section shall be 152
201-investigated not later than one hundred days after filing and a final 153
202-administrative disposition shall be made not later than one year after 154
203-filing unless it is impracticable to do so. If the Commission on Human 155
204-Rights and Opportunities is unable to complete its investigation or 156
205-make a final administrative determination within such time frames, it 157
206-shall notify the complainant and the respondent in writing of the 158
207-reasons for not doing so. 159
208-Sec. 3. Subdivision (1) of subsection (a) of section 47a-23c of the 160
209-general statutes is repealed and the following is substituted in lieu 161
210-thereof (Effective October 1, 2019): 162
211-(a) (1) Except as provided in subdivision (2) of this subsection, this 163
212-section applies to any tenant who resides in a building or complex 164
213-consisting of five or more separate dwelling units or who resides in a 165
214-mobile manufactured home park and who is either: (A) Sixty-two 166
215-years of age or older, or whose spouse, sibling, parent or grandparent 167
216-is sixty-two years of age or older and permanently resides with that 168
217-tenant, or (B) a person with a physical or mental disability, as defined 169 Substitute Bill No. 5713
183+residence. 133
184+(c) Nothing in this section limits the applicability of any reasonable 134
185+state statute or municipal ordinance restricting the maximum number 135
186+of persons permitted to occupy a dwelling. 136
187+(d) Any person aggrieved by a violation of this section may file a 137
188+complaint within one hundred eighty days after the alleged act of 138
189+discrimination, pursuant to section 46a-82 of the general statutes. 139
190+(e) Notwithstanding any other provision of chapter 814c of the 140
191+general statutes, complaints alleging a violation of this section shall be 141
192+investigated within one hundred days of filing and a final 142
193+administrative disposition shall be made within one year of filing 143
194+unless it is impracticable to do so. If the Commission on Human Rights 144
195+and Opportunities is unable to complete its investigation or make a 145
196+final administrative determination within such time frames, it shall 146
197+notify the complainant and the respondent in writing of the reasons for 147
198+not doing so. 148
199+(f) Any person who violates any provision of this section shall be 149
200+guilty of a class D misdemeanor. 150
201+Sec. 3. Subdivision (1) of subsection (a) of section 47a-23c of the 151
202+general statutes is repealed and the following is substituted in lieu 152
203+thereof (Effective October 1, 2019): 153
204+(a) (1) Except as provided in subdivision (2) of this subsection, this 154
205+section applies to any tenant who resides in a building or complex 155
206+consisting of five or more separate dwelling units or who resides in a 156
207+mobile manufactured home park and who is either: (A) Sixty-two 157
208+years of age or older, or whose spouse, sibling, parent or grandparent 158
209+is sixty-two years of age or older and permanently resides with that 159
210+tenant, or (B) a person with a physical or mental disability, as defined 160
211+in subdivision [(8)] (12) of section 46a-64b, as amended by this act, or 161
212+whose spouse, sibling, child, parent or grandparent is a person with a 162 WORKING DRAFT
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224-in subdivision [(8)] (12) of section 46a-64b, as amended by this act, or 170
225-whose spouse, sibling, child, parent or grandparent is a person with a 171
226-physical or mental disability who permanently resides with that 172
227-tenant, but only if such disability can be expected to result in death or 173
228-to last for a continuous period of at least twelve months. 174
229-Sec. 4. Section 8-45a of the general statutes is repealed and the 175
230-following is substituted in lieu thereof (Effective October 1, 2019): 176
231-A housing authority, as defined in subsection (b) of section 8-39, in 177
232-determining eligibility for the rental of public housing units may 178
233-establish criteria and consider relevant information concerning (1) an 179
234-applicant's or any proposed occupant's history of criminal activity, 180
235-during the time periods established under subsection (a) of section 2 of 181
236-this act, involving: (A) Crimes of physical violence to persons or 182
237-property, (B) crimes involving the illegal manufacture, sale, 183
238-distribution or use of, or possession with intent to manufacture, sell, 184
239-use or distribute, a controlled substance, as defined in section 21a-240, 185
240-or (C) other criminal acts which would adversely affect the health, 186
241-safety or welfare of other tenants, (2) an applicant's or any proposed 187
242-occupant's abuse, or pattern of abuse, of alcohol when the housing 188
243-authority has reasonable cause to believe that such applicant's or 189
244-proposed occupant's abuse, or pattern of abuse, of alcohol may 190
245-interfere with the health, safety or right to peaceful enjoyment of the 191
246-premises by other residents, and (3) an applicant or any proposed 192
247-occupant who is subject to a lifetime registration requirement under 193
248-section 54-252 on account of being convicted or found not guilty by 194
249-reason of mental disease or defect of a sexually violent offense. In 195
250-evaluating any such information, the housing authority shall give 196
251-consideration to the time, nature and extent of the applicant's or 197
252-proposed occupant's conduct and to factors which might indicate a 198
253-reasonable probability of favorable future conduct such as evidence of 199
254-rehabilitation and evidence of the willingness of the applicant, the 200
255-applicant's family or the proposed occupant to participate in social 201
256-service or other appropriate counseling programs and the availability 202 Substitute Bill No. 5713
218+physical or mental disability who permanently resides with that 163
219+tenant, but only if such disability can be expected to result in death or 164
220+to last for a continuous period of at least twelve months. 165
221+Sec. 4. Section 8-45a of the general statutes is repealed and the 166
222+following is substituted in lieu thereof (Effective October 1, 2019): 167
223+A housing authority, as defined in subsection (b) of section 8-39, in 168
224+determining eligibility for the rental of public housing units may 169
225+establish criteria and consider relevant information concerning (1) an 170
226+applicant's or any proposed occupant's history of criminal activity, 171
227+during the time periods established under subsection (a) of section 2 of 172
228+this act, involving: (A) Crimes of physical violence to persons or 173
229+property, (B) crimes involving the illegal manufacture, sale, 174
230+distribution or use of, or possession with intent to manufacture, sell, 175
231+use or distribute, a controlled substance, as defined in section 21a-240, 176
232+or (C) other criminal acts which would adversely affect the health, 177
233+safety or welfare of other tenants, (2) an applicant's or any proposed 178
234+occupant's abuse, or pattern of abuse, of alcohol when the housing 179
235+authority has reasonable cause to believe that such applicant's or 180
236+proposed occupant's abuse, or pattern of abuse, of alcohol may 181
237+interfere with the health, safety or right to peaceful enjoyment of the 182
238+premises by other residents, and (3) an applicant or any proposed 183
239+occupant who is subject to a lifetime registration requirement under 184
240+section 54-252 on account of being convicted or found not guilty by 185
241+reason of mental disease or defect of a sexually violent offense. In 186
242+evaluating any such information, the housing authority shall give 187
243+consideration to the time, nature and extent of the applicant's or 188
244+proposed occupant's conduct and to factors which might indicate a 189
245+reasonable probability of favorable future conduct such as evidence of 190
246+rehabilitation and evidence of the willingness of the applicant, the 191
247+applicant's family or the proposed occupant to participate in social 192
248+service or other appropriate counseling programs and the availability 193
249+of such programs. 194 WORKING DRAFT
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263-of such programs. 203
264255 This act shall take effect as follows and shall amend the following
265256 sections:
266257
267258 Section 1 October 1, 2019 46a-64b
268259 Sec. 2 October 1, 2019 New section
269260 Sec. 3 October 1, 2019 47a-23c(a)(1)
270261 Sec. 4 October 1, 2019 8-45a
271262
272-Statement of Legislative Commissioners:
273-In Section 1(8), a reference to section 47a-1 was deleted for accuracy
274-and in Section 2(a), a reference to Subsec. (c) was added for accuracy.
263+Statement of Purpose:
264+To prohibit housing providers from considering a prospective tenant's
265+criminal conviction after certain time periods.
266+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
267+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
268+not underlined.]
275269
276-HSG Joint Favorable Subst.
270+Co-Sponsors: REP. MCGEE, 5th Dist.; REP. GIBSON, 15th Dist.
271+
272+H.B. 5713
273+
277274