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 Section 46a-64b of the general statutes is repealed and the 1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