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General Assembly Raised Bill No. 7067
January Session, 2019
LCO No. 3448
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING HO USING AUTHORITY JURISDICTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-39 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
The following terms, wherever used or referred to in this chapter, 3
[shall] have the following respective meanings, unless a different 4
meaning clearly appears from the context: 5
(a) "Area of operation" includes the municipality in which a housing 6
authority is created under the provisions of this chapter and may 7
include a neighboring municipality, provided the governing body of 8
such neighboring municipality agrees by proper resolution to the 9
extension of the area of operation to include such neighboring 10
municipality. 11
(b) "Authority" or "housing authority" means any of the public 12
corporations created by section 8-40, as amended by this act, and the 13
Connecticut Housing Authority when exercising the rights, powers, 14 Raised Bill No. 7067
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duties or privileges of, or subject to the immunities or limitations of, 15
housing authorities pursuant to section 8-121. 16
(c) "Bonds" means any bonds, including refunding bonds, notes, 17
interim certificates, debentures or other obligations issued by the 18
authority pursuant to this chapter. 19
(d) "Clerk" means the clerk of the particular city, borough or town 20
for which a particular housing authority is created. 21
(e) "Families of low income" means families who lack the amount of 22
income which is necessary, as determined by the authority 23
undertaking the housing project, to enable them, without financial 24
assistance, to live in decent, safe and sanitary dwellings, without 25
overcrowding. 26
(f) "Families of low and moderate income" means families who lack 27
the amount of income which is necessary, as determined by the 28
Commissioner of Housing, to enable them to rent or purchase 29
moderate cost housing without financial assistance as provided by this 30
part and parts II and III of this chapter. 31
(g) "Federal government" includes the United States of America, the 32
federal emergency administration of public works or any other agency 33
or instrumentality, corporate or otherwise, of the United States of 34
America. 35
(h) "Governing body" means, for towns having a town council, the 36
council; for other towns, the selectmen; for cities, the common council 37
or other similar body of officials; and for boroughs, the warden and 38
burgesses. 39
(i) "Housing project" means any work or undertaking (1) to 40
demolish, clear or remove buildings from any slum area, which work 41
or undertaking may embrace the adaptation of such area to public 42
purposes, including parks or other recreational or community 43
purposes; or (2) to provide decent, safe and sanitary urban or rural 44 Raised Bill No. 7067
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dwellings, apartments or other living accommodations for families of 45
low or moderate income, which work or undertaking may include 46
buildings, land, equipment, facilities and other real or personal 47
property for necessary, convenient or desirable appurtenances, streets, 48
sewers, water service, parks, site preparation, gardening, 49
administrative, community, recreational, commercial or welfare 50
purposes and may include the acquisition and rehabilitation of existing 51
dwelling units or structures to be used for moderate or low rental 52
units; or (3) to accomplish a combination of the foregoing. The term 53
"housing project" also may be applied to the planning of the buildings 54
and improvements, the acquisition of property, the demolition of 55
existing structures, the construction, reconstruction, alteration and 56
repair of the improvements and all other work in connection therewith 57
and may include the reconstruction, rehabilitation, alteration, or major 58
repair of existing buildings or improvements which were undertaken 59
pursuant to parts II and VI of this chapter. 60
(j) "Mayor" means, for cities, the mayor and, for boroughs, the 61
warden. 62
(k) "Moderate rental" means a rental which, as determined by an 63
authority with the concurrence of the Commissioner of Housing, is 64
below the level at which private enterprise is currently building a 65
needed volume of safe and sanitary dwellings for rental in the locality 66
involved; and "moderate rental housing project" means a housing 67
project, receiving state aid in the form of loans or grants, for families 68
unable to pay more than moderate rental. Such project may include the 69
reconstruction, rehabilitation, alteration, or major repair of existing 70
buildings or improvements which were undertaken pursuant to parts 71
II or VI of this chapter. 72
(l) "Municipality" means any city, borough or town. "The 73
municipality" means the particular municipality for which a particular 74
housing authority is created. 75
(m) "Obligee of the authority" or "obligee" includes any bondholder, 76 Raised Bill No. 7067
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trustee or trustees for any bondholders, or lessor demising to the 77
authority property used in connection with a housing project, or any 78
assignee or assignees of such lessor's interest or any part thereof, and 79
the state or federal government when it is a party to any contract with 80
the authority. 81
(n) "Real property" includes all lands, including improvements and 82
fixtures thereon, and property of any nature appurtenant thereto, or 83
used in connection therewith, and every estate, interest and right, legal 84
or equitable, therein, including terms for years and liens by way of 85
judgment, mortgage or otherwise and the indebtedness secured by 86
such liens. 87
(o) "Rent" means the entire amount paid to an authority for any 88
dwelling unit. 89
(p) "Shelter rent" means rent less any charges made by an authority 90
for water, heat, gas and electricity. 91
(q) "Slum" means any area where dwellings predominate which, by 92
reason of dilapidation, overcrowding, faulty arrangement or design, 93
lack of ventilation, light or sanitary facilities, or any combination of 94
these factors, are detrimental to safety, health and morals. 95
(r) "State public body" means any city, borough, town, municipal 96
corporation, district or other subdivision of the state. 97
(s) "Veteran" has the meaning assigned by section 27-103 and 98
includes any officer of the United States Public Health Service detailed 99
by proper authority to duty with any of the armed forces and the 100
spouse or widow or widower of such veteran, provided such veteran 101
shall have served for a period of ninety days or more in time of war 102
after December 7, 1941, and shall have resided in this state at any time 103
continuously for two years. 104
(t) "Family" means a household consisting of one or more persons. 105
(u) "Eligible developer" or "developer" means (1) a nonprofit 106 Raised Bill No. 7067
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corporation; (2) any business corporation incorporated pursuant to 107
chapter 601 or any predecessor statutes thereto, having as one of its 108
purposes the construction, rehabilitation, ownership or operation of 109
housing, and having articles of incorporation approved by the 110
commissioner in accordance with regulations adopted pursuant to 111
section 8-79a or 8-84; (3) any partnership, limited partnership, joint 112
venture, trust, limited liability company or association having as one of 113
its purposes the construction, rehabilitation, ownership or operation of 114
housing, and having basic documents of organization approved by the 115
commissioner in accordance with regulations adopted pursuant to 116
section 8-79a or 8-84; (4) a housing authority; (5) a family or person 117
approved by the commissioner as qualified to own, construct, 118
rehabilitate, manage and maintain housing under a mortgage loan 119
made or insured under an agreement entered into pursuant to the 120
provisions of this chapter; or (6) a municipal developer. 121
(v) "Mortgage" means a mortgage deed, deed of trust, or other 122
instrument which [shall constitute] constitutes a lien, whether first or 123
second, on real estate or on a leasehold under a lease having a 124
remaining term, at the time such mortgage is acquired, which does not 125
expire for at least that number of years beyond the maturity date of the 126
obligation secured by such mortgage as is equal to the number of years 127
remaining until the maturity date of such obligation. 128
(w) "Nonprofit corporation" means a nonprofit corporation 129
incorporated pursuant to chapter 602 or any predecessor statutes 130
thereto, having as one of its purposes the construction, rehabilitation, 131
ownership or operation of housing and having articles of incorporation 132
approved by the Commissioner of Housing in accordance with 133
regulations adopted pursuant to section 8-79a or 8-84. 134
(x) "Municipal developer" means a municipality [, as defined in 135
subsection (l) of this section,] which has not declared by resolution a 136
need for a housing authority pursuant to section 8-40, as amended by 137
this act, acting by and through its legislative body, except that in any 138
town in which a town meeting or representative town meeting is the 139 Raised Bill No. 7067
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legislative body, "municipal developer" means the board of selectmen 140
if such board is authorized to act as the municipal developer by the 141
town meeting or representative town meeting. 142
(y) "Expanded area of operation" includes areas designated by the 143
Department of Housing pursuant to section 8-348 as high or very high 144
opportunity census tracts, which are located outside the area of 145
operation, provided any part of such census tract is located within 146
thirty miles of the municipality in which the housing authority is 147
located. 148
Sec. 2. Section 8-40 of the general statutes is repealed and the 149
following is substituted in lieu thereof (Effective October 1, 2019): 150
In each municipality of the state there is created a public body 151
corporate and politic to be known as the "housing authority" of the 152
municipality; provided such authority shall not transact any business 153
or exercise its powers [hereunder] under this section until the 154
governing body of the municipality by resolution declares that there is 155
need for a housing authority in the municipality, provided it shall find 156
(1) that insanitary or unsafe inhabited dwelling accommodations exist 157
in the municipality or (2) that there is a shortage of safe or sanitary 158
dwelling accommodations in the municipality available to families of 159
low income at rentals they can afford, or (3) that there is a shortage of 160
safe or sanitary dwelling accommodations in the municipality 161
available to families of moderate income at rentals they can afford. In 162
determining whether dwelling accommodations are unsafe or 163
insanitary, said governing body may take into consideration the 164
degree of overcrowding, the percentage of land coverage, the light, air, 165
space and access available to the inhabitants of such dwelling 166
accommodations, the size and arrangement of the rooms, the sanitary 167
facilities and the extent to which conditions exist in such buildings 168
which endanger life or property by fire or other causes. The governing 169
bodies of two or more municipalities may create a regional housing 170
authority, which shall have all the powers, duties and responsibilities 171
conferred upon housing authorities by this chapter and chapter 130. 172 Raised Bill No. 7067
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The area of operation of such authority shall include the municipalities 173
for which such authority is created, and any such authority may adopt 174
an expanded area of operation. Such authority shall act through a 175
board of commissioners composed of two representatives from each 176
municipality appointed for terms of four years in the manner provided 177
in section 8-41. 178
Sec. 3. Section 8-44b of the general statutes is repealed and the 179
following is substituted in lieu thereof (Effective October 1, 2019): 180
(a) Any housing authority created by section 8-40, as amended by 181
this act, shall have the power to establish and maintain a housing 182
authority police force, [the] except that no housing authority shall have 183
the power to establish or maintain a housing authority police force in 184
an expanded area of operation. The members of [which] any such 185
police force shall be employees of such housing authority and shall be 186
known as housing authority police officers. Housing authority police 187
officers shall be appointed by the local board, agency or person 188
empowered to appoint municipal police officers, subject to approval of 189
the housing authority. The requirements for appointment as a police 190
officer in the municipality in which the housing authority is located, 191
except for age and physical qualifications, shall be mandatory for 192
housing authority police officers in such municipality. No person shall 193
be appointed to such housing authority police force unless [he] such 194
person has been awarded a certificate attesting to [his] such person's 195
successful completion of an approved municipal police basic training 196
program, as provided in section 7-294e. The initial appointment shall 197
be for a probationary term upon completion of which the appointing 198
authority may promote such probationary officers to permanent status; 199
provided such promotion shall be in accordance with procedures 200
applicable to municipal police officers in the municipality and shall be 201
made subject to the approval of the housing authority. Housing 202
authority police officers shall have and exercise the powers and 203
authority conferred upon municipal police officers and shall be subject 204
to the ultimate supervision and control of the chief of police of the 205
municipality in which the housing authority operates. 206 Raised Bill No. 7067
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(b) Notwithstanding the provisions of subsection (a) of this section, 207
any housing authority police force which existed prior to October 1, 208
1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 209
Demonstration Cities and Metropolitan Development Act of 1966, and 210
which, for any reason, does not constitute a housing authority police 211
force pursuant to subsection (a) of this section, shall constitute a 212
housing authority police force pursuant to this subsection and the 213
members of such police forces may exercise the powers granted to 214
such members pursuant to this subsection. The members of such police 215
force may act, at the expense of the municipality, as special police 216
officers upon property owned or managed by any housing authority. 217
Such special police officers: (1) May arrest, without previous complaint 218
and warrant, any person for any offense in their jurisdiction, when 219
such person is taken or apprehended in the act or on the speedy 220
information of others; (2) when in the immediate pursuit of one who 221
may be arrested under the provisions of this subsection, may pursue 222
such offender outside of their jurisdiction into any part of the 223
municipality to effect an arrest; (3) shall be peace officers as defined in 224
subdivision (9) of section 53a-3; (4) shall have the authority to serve 225
criminal process within their jurisdiction; (5) shall, when on duty, wear 226
a uniform, distinct in color from that worn by the police officers of the 227
municipality; (6) shall, when on duty, wear in plain view a shield, 228
distinct in shape from that worn by the police officers of the 229
municipality which shall bear the words "special police"; (7) shall 230
complete a forty-hour basic training program provided by the 231
municipality within one hundred eighty days of June 27, 1983; and (8) 232
shall take an oath of office. 233
Sec. 4. Section 8-50 of the general statutes is repealed and the 234
following is substituted in lieu thereof (Effective October 1, 2019): 235
An authority shall have the right to acquire by the exercise of the 236
power of eminent domain any real property which it deems necessary 237
for its purposes under this chapter, provided such real property is not 238
located in an expanded area of operation, after the adoption by [it] 239
such authority of a resolution declaring that the acquisition of such 240 Raised Bill No. 7067
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real property described [therein] in such resolution is necessary for 241
such purposes. An authority, in its own name and at its own expense 242
and cost, may prefer a petition and exercise the power of eminent 243
domain in the manner provided in section 48 -12 and acts 244
supplementary thereto, except that a housing authority's power of 245
eminent domain shall not extend to an expanded area of operation. 246
Property already devoted to a public use may be acquired, provided 247
no real property belonging to the municipality, the state or any 248
political subdivision thereof may be acquired without its consent. 249
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 8-39
Sec. 2 October 1, 2019 8-40
Sec. 3 October 1, 2019 8-44b
Sec. 4 October 1, 2019 8-50
Statement of Purpose:
To allow a housing authority to expand its jurisdiction to include
certain high and very high opportunity areas, as determined by the
Department of Housing.
[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.]