Connecticut 2019 Regular Session

Connecticut House Bill HB06476 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
	3	+	LCO No. 3023 1 of 1
3	4
4		-	LCO No. 5172 1 of 7
5		-
6		-	General Assembly Committee Bill No. 6476
	5	+	General Assembly Proposed Bill No. 6476
7	6		January Session, 2019
8		-	LCO No. ~~5172~~
	7	+	LCO No. 3023
9	8
10	9
11	10		Referred to Committee on HOUSING
12	11
13	12
14	13		Introduced by:
15		-	~~(HSG)~~
	14	+	REP. SANTIAGO H., 84th Dist.
16	15
17	16
18	17
19	18		AN ACT ALLOWING A DEDUCTION FOR THE COST OF SERVICE
20	19		ANIMALS FROM RENTAL PAYMENTS FOR SUBSIDIZED HOUSING.
21	20		Be it enacted by the Senate and House of Representatives in General
22	21		Assembly convened:
23	22
24		-	Section 1. (NEW) (Effective October 1, 2019) In the cases of any tenant 1
25		-	who is blind, physically disabled or has a mental or intellectual 2
26		-	disability, as those terms are defined in section 46a-51 of the general 3
27		-	statutes, and living with a service animal in assisted housing, as 4
28		-	defined in section 8-30g of the general statutes, the cost of food and 5
29		-	veterinary care for the service animal shall be considered a medical 6
30		-	expense deductible from gross family income when calculating the 7
31		-	tenant's rent. As used in this section, "service animal" means a dog that 8
32		-	is individually trained to do work or perform tasks for a person who 9
33		-	has a disability. 10
34		-	Sec. 2. Section 8-72 of the general statutes is repealed and the 11
35		-	following is substituted in lieu thereof (Effective October 1, 2019): 12
36		-	(a) Each developer or housing authority shall manage and operate 13
37		-	its housing projects in an efficient manner so as to enable it to fix the 14
38		-	rentals for dwelling accommodations at the lowest possible rates 15
39		-	Committee Bill No. 6476
40		-
41		-
42		-	LCO No. 5172 2 of 7
43		-
44		-	consistent with providing decent, safe and sanitary dwelling 16
45		-	accommodations, and no housing authority or nonprofit corporation 17
46		-	shall construct or operate any such project for profit. To this end, an 18
47		-	authority or a nonprofit corporation shall fix the rentals for dwelling in 19
48		-	its projects at no higher rates than it finds to be necessary in order to 20
49		-	produce revenues which, together with all other available money, 21
50		-	revenues, income and receipts of the authority or nonprofit 22
51		-	corporation from whatever sources derived, will be sufficient [(a)] (1) 23
52		-	to pay, as the same become due, the principal and interest on the 24
53		-	bonds of the authority or nonprofit corporation; [(b)] and (2) to meet 25
54		-	the cost of, and to provide for, maintaining and operating the projects, 26
55		-	including the cost of any insurance, and the administrative expenses of 27
56		-	the authority or nonprofit corporation; provided nothing in this section 28
57		-	shall be construed as prohibiting any authority or nonprofit 29
58		-	corporation from providing for variable rentals based on family 30
59		-	income. In the operation or management of housing projects an 31
60		-	authority or nonprofit corporation shall, at all times, rent or lease the 32
61		-	dwelling accommodations therein at rentals within the financial reach 33
62		-	of families of low income. 34
63		-	(b) The Commissioner of Housing may establish maximum income 35
64		-	limits for admission and continued occupancy of tenants, provided 36
65		-	such maximum income limits and all revisions thereof for housing 37
66		-	projects operated pursuant to any contract with any agency of the 38
67		-	federal government shall be subject to the prior approval of such 39
68		-	federal agency. The Commissioner of Housing shall define the income 40
69		-	of a family to provide the basis for determining eligibility for the 41
70		-	admission, rentals and for the continued occupancy of families under 42
71		-	the maximum income limits fixed and approved. The definition of 43
72		-	family income, by the Commissioner of Housing, may provide for the 44
73		-	exclusion of all or part of the income of family members which, in the 45
74		-	judgment of said commissioner, is not generally available to meet the 46
75		-	cost of basic living needs of the family, and, in the case where a family 47
76		-	member has a disability, shall provide for the exclusion of any 48
77		-	maintenance costs for a service animal, as provided in section 1 of this 49
78		-	Committee Bill No. 6476
79		-
80		-
81		-	LCO No. 5172 3 of 7
82		-
83		-	act. 50
84		-	(c) No housing authority or developer shall refuse to rent any 51
85		-	dwelling accommodation to an otherwise qualified applicant on the 52
86		-	ground that one or more of the proposed occupants are children born 53
87		-	out of wedlock. 54
88		-	(d) Each housing authority and developer shall provide a receipt to 55
89		-	each applicant for admission to its housing projects stating the time 56
90		-	and date of application and shall maintain a list of such applications, 57
91		-	which shall be a public record as defined in section 1-200. The 58
92		-	Commissioner of Housing shall, by regulation adopted in accordance 59
93		-	with the provisions of chapter 54, provide for the manner in which 60
94		-	such list shall be created, maintained and revised. 61
95		-	(e) No provision of this part shall be construed as limiting the right 62
96		-	of the authority to vest in an obligee the right, in the event of a default 63
97		-	by such authority, to take possession of a housing project or cause the 64
98		-	appointment of a receiver thereof or acquire title thereto through 65
99		-	foreclosure proceedings, free from all the restrictions imposed by this 66
100		-	chapter with respect to rental rates and tenant selection. The 67
101		-	Commissioner of Housing shall approve an operation or management 68
102		-	plan of each housing project, which shall provide an income adequate 69
103		-	for debt service, if any, administration, including a state service charge, 70
104		-	other operating costs and establishment of reasonable reserves for 71
105		-	repairs, maintenance and replacements, vacancy and collection losses. 72
106		-	Said commissioner shall have the right of inspection of any housing 73
107		-	during the period between the date on which construction thereof 74
108		-	begins and the date the state loan is fully paid or, in the case of a grant, 75
109		-	during the period for which any housing project built pursuant to such 76
110		-	grant is used for housing for families of low and moderate income. An 77
111		-	authority or developer shall semiannually submit to said 78
112		-	commissioner a sworn statement setting forth such information with 79
113		-	respect to the tenants and rentals for each housing project hereunder 80
114		-	and the costs of operating each housing project under its jurisdiction as 81
115		-	Committee Bill No. 6476
116		-
117		-
118		-	LCO No. 5172 4 of 7
119		-
120		-	said commissioner requires. 82
121		-	(f) Any person who makes a false statement concerning the income 83
122		-	of the family for which application for admission to or continued 84
123		-	occupancy of housing projects is made may be fined not more than 85
124		-	five hundred dollars or imprisoned not more than six months or both. 86
125		-	With regard to a family who, since the last annual recertification, 87
126		-	received any public assistance or state-administered general assistance 88
127		-	and received earnings from employment, the authority or developer 89
128		-	shall not require any interim recertification due to an earnings 90
129		-	increase. At the annual recertification, the authority or developer shall 91
130		-	base rent levels on such family's average income throughout the 92
131		-	preceding twelve months. During the subsequent twelve-month 93
132		-	period, the authority or developer shall not require any interim 94
133		-	recertifications due to increased earnings from employment. However, 95
134		-	if a family's income has decreased, nothing in this section shall 96
135		-	preclude an interim recertification or recertification based on the 97
136		-	reduced income level. 98
137		-	Sec. 3. Section 8-45 of the general statutes is repealed and the 99
138		-	following is substituted in lieu thereof (Effective October 1, 2019): 100
139		-	(a) Each housing authority shall manage and operate its housing 101
140		-	projects in an efficient manner so as to enable it to fix the rentals for 102
141		-	dwelling accommodations at the lowest possible rates consistent with 103
142		-	providing decent, safe and sanitary dwelling accommodations, and no 104
143		-	housing authority shall construct or operate any such project for profit 105
144		-	or as a source of revenue to the municipality. To this end, an authority 106
145		-	shall fix the rentals for dwelling in its projects at no higher rates than it 107
146		-	finds to be necessary in order to produce revenues which, together 108
147		-	with all other available money, revenues, income and receipts of the 109
148		-	authority from whatever sources derived, will be sufficient [(a)] (1) to 110
149		-	pay, as the same become due, the principal and interest on the bonds 111
150		-	of the authority; [(b)] (2) to meet the cost of, and to provide for, 112
151		-	maintaining and operating the projects, including the cost of any 113
152		-	Committee Bill No. 6476
153		-
154		-
155		-	LCO No. 5172 5 of 7
156		-
157		-	insurance, and the administrative expenses of the authority; and [(c)] 114
158		-	(3) to create, during not less than six years immediately succeeding its 115
159		-	issuance of any bonds, a reserve sufficient to meet the largest principal 116
160		-	and interest payments which will be due on such bonds in any one 117
161		-	year thereafter and to maintain such reserve. 118
162		-	(b) In the operation or management of housing projects, an 119
163		-	authority shall, at all times, rent or lease the dwelling accommodations 120
164		-	therein at rentals within the financial reach of families of low income. 121
165		-	The authority, subject to approval by the Commissioner of Housing, 122
166		-	shall fix maximum income limits for the admission and for the 123
167		-	continued occupancy of families in such housing, provided such 124
168		-	maximum income limits and all revisions thereof for housing projects 125
169		-	operated pursuant to any contract with any agency of the federal 126
170		-	government shall be subject to the prior approval of such federal 127
171		-	agency. The Commissioner of Housing shall define the income of a 128
172		-	family to provide the basis for determining eligibility for the admission 129
173		-	and for the continued occupancy of families under the maximum 130
174		-	income limits fixed and approved. The definition of family income, by 131
175		-	the Commissioner of Housing, may provide for the exclusion of all or 132
176		-	part of the income of family members which, in the judgment of said 133
177		-	commissioner, is not generally available to meet the cost of basic living 134
178		-	needs of the family, and, in the case where a family member has a 135
179		-	disability, shall provide for the exclusion of any maintenance costs for 136
180		-	a service animal, as provided in section 1 of this act. 137
181		-	(c) No housing authority shall refuse to rent any dwelling 138
182		-	accommodation to an otherwise qualified applicant on the ground that 139
183		-	one or more of the proposed occupants are children born out of 140
184		-	wedlock. Each housing authority shall provide a receipt to each 141
185		-	applicant for admission to its housing projects stating the time and 142
186		-	date of application and shall maintain a list of such applications which 143
187		-	shall be a public record as defined in section 1-200. The Commissioner 144
188		-	of Housing shall, by regulation adopted under the provisions of 145
189		-	chapter 54, provide for the manner in which such list shall be created, 146
190		-	Committee Bill No. 6476
191		-
192		-
193		-	LCO No. 5172 6 of 7
194		-
195		-	maintained and revised. 147
196		-	(d) No provision of this chapter shall be construed as limiting the 148
197		-	right of the authority to vest in an obligee the right, in the event of a 149
198		-	default by such authority, to take possession of a housing project or 150
199		-	cause the appointment of a receiver thereof or acquire title thereto 151
200		-	through foreclosure proceedings, free from all the restrictions imposed 152
201		-	by this chapter with respect to rental rates and tenant selection. 153
202		-	Sec. 4. Section 8-48 of the general statutes is repealed and the 154
203		-	following is substituted in lieu thereof (Effective October 1, 2019): 155
204		-	In the cases of any tenants who are the recipients of one hundred 156
205		-	per cent social services aid from the Department of Social Services of 157
206		-	the state or any municipality and who have no income from any other 158
207		-	source, rentals shall be fixed by each housing authority for the ensuing 159
208		-	rental year established by the authority based on one-half of the costs 160
209		-	and expenses set forth in subdivision (1) of subsection (a) of section 8-161
210		-	45, as amended by this act, plus the full amount of costs and expenses 162
211		-	set forth in [subsections (b) and (c)] subdivisions (2) and (3) of said 163
212		-	[section] subsection, as set forth in the operating statements of the 164
213		-	authority for the preceding fiscal year, which total amount shall be 165
214		-	divided by the total number of rooms contained in all low-rent 166
215		-	housing projects operated by such housing authority to establish the 167
216		-	rental cost per room per annum for such tenants, from which figure 168
217		-	shall be computed the rent per month per room. [Said] Such rentals 169
218		-	shall govern for [said] such rental year. 170
219		-	This act shall take effect as follows and shall amend the following
220		-	sections:
221		-
222		-	Section 1 October 1, 2019 New section
223		-	Sec. 2 October 1, 2019 8-72
224		-	Sec. 3 October 1, 2019 8-45
225		-	Sec. 4 October 1, 2019 8-48
226		-
227		-	Committee Bill No. 6476
228		-
229		-
230		-	LCO No. 5172 7 of 7
231		-
	23	+	That title 8 of the general statutes be amended to allow a deduction 1
	24	+	for the cost of a service animal from rental payments for state-2
	25	+	subsidized housing. 3
232	26		Statement of Purpose:
233		-	To allow a person with a disability in subsidized housing to deduct the
234		-	cost of maintenance of service animals as a medical deduction from
235		-	their rental costs.
236		-	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
237		-	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
238		-	not underlined.]
239		-
240		-	Co-Sponsors: REP. SANTIAGO H., 84th Dist.; REP. HAMPTON, 16th Dist.
241		-
242		-	H.B. 6476
243		-
244		-
	27	+	To reduce the financial burden for the elderly and disabled persons in
	28	+	subsidized housing by allowing them to deduct the cost of service
	29	+	animals as a medical deduction from their rental costs.