Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07067 Comm Sub / Bill

Filed 03/28/2019

                     
 
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General Assembly  Substitute Bill No. 7067  
January Session, 2019 
 
 
 
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 Section 8-39 of the general statutes is repealed and the 1 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 6 
housing authority is created under the provisions of this chapter and 7 
may include a neighboring municipality, provided the governing body 8 
of such neighboring municipality agrees by proper resolution to the 9 
extension of the area of operation to include such neighboring 10 
municipality] means a municipal area of operation and, if adopted by a 11 
housing authority, includes an expanded area of operation. 12 
(b) "Authority" or "housing authority" means any of the public 13 
corporations created by section 8-40, as amended by this act, and the 14 
Connecticut Housing Authority when exercising the rights, powers, 15 
duties or privileges of, or subject to the immunities or limitations of, 16 
housing authorities pursuant to section 8-121. 17 
(c) "Bonds" means any bonds, including refunding bonds, notes, 18 
interim certificates, debentures or other obligations issued by the 19  Substitute Bill No. 7067 
 
 
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authority pursuant to this chapter. 20 
(d) "Clerk" means the clerk of the particular city, borough or town 21 
for which a particular housing authority is created. 22 
(e) "Eligible developer" or "developer" means (1) a nonprofit 23 
corporation; (2) any business corporation incorporated pursuant to 24 
chapter 601 or any predecessor statutes thereto, having as one of its 25 
purposes the construction, rehabilitation, ownership or operation of 26 
housing, and having articles of incorporation approved by the 27 
commissioner in accordance with regulations adopted pursuant to 28 
section 8-79a or 8-84; (3) any partnership, limited partnership, joint 29 
venture, trust, limited liability company or association having as one of 30 
its purposes the construction, rehabilitation, ownership or operation of 31 
housing, and having basic documents of organization approved by the 32 
commissioner in accordance with regulations adopted pursuant to 33 
section 8-79a or 8-84; (4) a housing authority; (5) a family or person 34 
approved by the commissioner as qualified to own, construct, 35 
rehabilitate, manage and maintain housing under a mortgage loan 36 
made or insured under an agreement entered into pursuant to the 37 
provisions of this chapter; or (6) a municipal developer. 38 
(f) "Expanded area of operation" means an area designated by the 39 
Department of Housing pursuant to section 8-348 as a high or very 40 
high opportunity census tract, provided any part of such census tract is 41 
located within thirty miles of the municipality in which the housing 42 
authority is located. 43 
[(e)] (g) "Families of low income" means families who lack the 44 
amount of income which is necessary, as determined by the authority 45 
undertaking the housing project, to enable them, without financial 46 
assistance, to live in decent, safe and sanitary dwellings, without 47 
overcrowding. 48 
[(f)] (h) "Families of low and moderate income" means families who 49 
lack the amount of income which is necessary, as determined by the 50  Substitute Bill No. 7067 
 
 
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Commissioner of Housing, to enable them to rent or purchase 51 
moderate cost housing without financial assistance as provided by this 52 
part and parts II and III of this chapter. 53 
(i) "Family" means a household consisting of one or more persons. 54 
[(g)] (j) "Federal government" includes the United States of America, 55 
the federal emergency administration of public works or any other 56 
agency or instrumentality, corporate or otherwise, of the United States 57 
of America. 58 
[(h)] (k) "Governing body" means, for towns having a town council, 59 
the council; for other towns, the selectmen; for cities, the common 60 
council or other similar body of officials; and for boroughs, the warden 61 
and burgesses. 62 
[(i)] (l) "Housing project" means any work or undertaking (1) to 63 
demolish, clear or remove buildings from any slum area, which work 64 
or undertaking may embrace the adaptation of such area to public 65 
purposes, including parks or other recreational or community 66 
purposes; or (2) to provide decent, safe and sanitary urban or rural 67 
dwellings, apartments or other living accommodations for families of 68 
low or moderate income, which work or undertaking may include 69 
buildings, land, equipment, facilities and other real or personal 70 
property for necessary, convenient or desirable appurtenances, streets, 71 
sewers, water service, parks, site preparation, gardening, 72 
administrative, community, recreational, commercial or welfare 73 
purposes and may include the acquisition and rehabilitation of existing 74 
dwelling units or structures to be used for moderate or low rental 75 
units; or (3) to accomplish a combination of the foregoing. The term 76 
"housing project" also may be applied to the planning of the buildings 77 
and improvements, the acquisition of property, the demolition of 78 
existing structures, the construction, reconstruction, alteration and 79 
repair of the improvements and all other work in connection therewith 80 
and may include the reconstruction, rehabilitation, alteration, or major 81 
repair of existing buildings or improvements which were undertaken 82  Substitute Bill No. 7067 
 
 
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pursuant to parts II and VI of this chapter. 83 
[(j)] (m) "Mayor" means, for cities, the mayor and, for boroughs, the 84 
warden. 85 
[(k)] (n) "Moderate rental" means a rental which, as determined by 86 
an authority with the concurrence of the Commissioner of Housing, is 87 
below the level at which private enterprise is currently building a 88 
needed volume of safe and sanitary dwellings for rental in the locality 89 
involved; and "moderate rental housing project" means a housing 90 
project, receiving state aid in the form of loans or grants, for families 91 
unable to pay more than moderate rental. Such project may include the 92 
reconstruction, rehabilitation, alteration, or major repair of existing 93 
buildings or improvements which were undertaken pursuant to parts 94 
II or VI of this chapter. 95 
(o) "Mortgage" means a mortgage deed, deed of trust, or other 96 
instrument which shall constitute a lien, whether first or second, on 97 
real estate or on a leasehold under a lease having a remaining term, at 98 
the time such mortgage is acquired, which does not expire for at least 99 
that number of years beyond the maturity date of the obligation 100 
secured by such mortgage as is equal to the number of years remaining 101 
until the maturity date of such obligation. 102 
(p) "Municipal area of operation" includes the municipality in which 103 
a housing authority is created under the provisions of this chapter, and 104 
may include a neighboring municipality, as provided in section 8-40, 105 
as amended by this act. 106 
(q) "Municipal developer" means a municipality which has not 107 
declared by resolution a need for a housing authority pursuant to 108 
section 8-40, as amended by this act, acting by and through its 109 
legislative body, except that in any town in which a town meeting or 110 
representative town meeting is the legislative body, "municipal 111 
developer" means the board of selectmen if such board is authorized to 112 
act as the municipal developer by the town meeting or representative 113  Substitute Bill No. 7067 
 
 
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town meeting. 114 
[(l)] (r) "Municipality" means any city, borough or town. "The 115 
municipality" means the particular municipality for which a particular 116 
housing authority is created. 117 
(s) "Nonprofit corporation" means a nonprofit corporation 118 
incorporated pursuant to chapter 602 or any predecessor statutes 119 
thereto, having as one of its purposes the construction, rehabilitation, 120 
ownership or operation of housing and having articles of incorporation 121 
approved by the Commissioner of Housing in accordance with 122 
regulations adopted pursuant to section 8-79a or 8-84. 123 
[(m)] (t) "Obligee of the authority" or "obligee" includes any 124 
bondholder, trustee or trustees for any bondholders, or lessor 125 
demising to the authority property used in connection with a housing 126 
project, or any assignee or assignees of such lessor's interest or any 127 
part thereof, and the state or federal government when it is a party to 128 
any contract with the authority. 129 
[(n)] (u) "Real property" includes all lands, including improvements 130 
and fixtures thereon, and property of any nature appurtenant thereto, 131 
or used in connection therewith, and every estate, interest and right, 132 
legal or equitable, therein, including terms for years and liens by way 133 
of judgment, mortgage or otherwise and the indebtedness secured by 134 
such liens. 135 
[(o)] (v) "Rent" means the entire amount paid to an authority for any 136 
dwelling unit. 137 
[(p)] (w) "Shelter rent" means rent less any charges made by an 138 
authority for water, heat, gas and electricity. 139 
[(q)] (x) "Slum" means any area where dwellings predominate 140 
which, by reason of dilapidation, overcrowding, faulty arrangement or 141 
design, lack of ventilation, light or sanitary facilities, or any 142 
combination of these factors, are detrimental to safety, health and 143  Substitute Bill No. 7067 
 
 
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morals. 144 
[(r)] (y) "State public body" means any city, borough, town, 145 
municipal corporation, district or other subdivision of the state. 146 
[(s)] (z) "Veteran" has the meaning assigned by section 27-103 and 147 
includes any officer of the United States Public Health Service detailed 148 
by proper authority to duty with any of the armed forces and the 149 
spouse or widow or widower of such veteran, provided such veteran 150 
shall have served for a period of ninety days or more in time of war 151 
after December 7, 1941, and shall have resided in this state at any time 152 
continuously for two years. 153 
[(t) "Family" means a household consisting of one or more persons. 154 
(u) "Eligible developer" or "developer" means (1) a nonprofit 155 
corporation; (2) any business corporation incorporated pursuant to 156 
chapter 601 or any predecessor statutes thereto, having as one of its 157 
purposes the construction, rehabilitation, ownership or operation of 158 
housing, and having articles of incorporation approved by the 159 
commissioner in accordance with regulations adopted pursuant to 160 
section 8-79a or 8-84; (3) any partnership, limited partnership, joint 161 
venture, trust, limited liability company or association having as one of 162 
its purposes the construction, rehabilitation, ownership or operation of 163 
housing, and having basic documents of organization approved by the 164 
commissioner in accordance with regulations adopted pursuant to 165 
section 8-79a or 8-84; (4) a housing authority; (5) a family or person 166 
approved by the commissioner as qualified to own, construct, 167 
rehabilitate, manage and maintain housing under a mortgage loan 168 
made or insured under an agreement entered into pursuant to the 169 
provisions of this chapter; or (6) a municipal developer. 170 
(v) "Mortgage" means a mortgage deed, deed of trust, or other 171 
instrument which shall constitute a lien, whether first or second, on 172 
real estate or on a leasehold under a lease having a remaining term, at 173 
the time such mortgage is acquired, which does not expire for at least 174  Substitute Bill No. 7067 
 
 
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that number of years beyond the maturity date of the obligation 175 
secured by such mortgage as is equal to the number of years remaining 176 
until the maturity date of such obligation. 177 
(w) "Nonprofit corporation" means a nonprofit corporation 178 
incorporated pursuant to chapter 602 or any predecessor statutes 179 
thereto, having as one of its purposes the construction, rehabilitation, 180 
ownership or operation of housing and having articles of incorporation 181 
approved by the Commissioner of Housing in accordance with 182 
regulations adopted pursuant to section 8-79a or 8-84. 183 
(x) "Municipal developer" means a municipality, as defined in 184 
subsection (l) of this section, which has not declared by resolution a 185 
need for a housing authority pursuant to section 8-40, acting by and 186 
through its legislative body, except that in any town in which a town 187 
meeting or representative town meeting is the legislative body, 188 
"municipal developer" means the board of selectmen if such board is 189 
authorized to act as the municipal developer by the town meeting or 190 
representative town meeting.]  191 
Sec. 2. Section 8-40 of the general statutes is repealed and the 192 
following is substituted in lieu thereof (Effective October 1, 2019): 193 
(a) In each municipality of the state there is created a public body 194 
corporate and politic to be known as the "housing authority" of the 195 
municipality; provided such authority shall not transact any business 196 
or exercise its powers [hereunder] under this section until the 197 
governing body of the municipality by resolution declares that there is 198 
need for a housing authority in the municipality, provided it shall find 199 
(1) that insanitary or unsafe inhabited dwelling accommodations exist 200 
in the municipality or (2) that there is a shortage of safe or sanitary 201 
dwelling accommodations in the municipality available to families of 202 
low income at rentals they can afford, or (3) that there is a shortage of 203 
safe or sanitary dwelling accommodations in the municipality 204 
available to families of moderate income at rentals they can afford. In 205 
determining whether dwelling accommodations are unsafe or 206  Substitute Bill No. 7067 
 
 
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insanitary, [said] such governing body may take into consideration the 207 
degree of overcrowding, the percentage of land coverage, the light, air, 208 
space and access available to the inhabitants of such dwelling 209 
accommodations, the size and arrangement of the rooms, the sanitary 210 
facilities and the extent to which conditions exist in such buildings 211 
which endanger life or property by fire or other causes.  212 
(b) The governing bodies of two or more municipalities may create a 213 
regional housing authority, which shall have all the powers, duties and 214 
responsibilities conferred upon housing authorities by this chapter and 215 
chapter 130. The area of operation of such authority shall include the 216 
municipalities for which such authority is created, provided, in the 217 
case of a municipal area of operation that includes a neighboring 218 
municipality, the neighboring municipality agrees by proper 219 
resolution to the expansion of the area of operation to include such 220 
neighboring municipality. Such authority shall act through a board of 221 
commissioners composed of two rep resentatives from each 222 
municipality appointed for terms of four years in the manner provided 223 
in section 8-41.  224 
(c) Any housing authority may adopt an expanded area of 225 
operation. 226 
Sec. 3. Section 8-44b of the general statutes is repealed and the 227 
following is substituted in lieu thereof (Effective October 1, 2019): 228 
(a) Any housing authority created by section 8-40, as amended by 229 
this act, shall have the power to establish and maintain a housing 230 
authority police force, [the] except that no housing authority shall have 231 
the power to establish or maintain a housing authority police force in 232 
an expanded area of operation. The members of [which] any such 233 
police force shall be employees of such housing authority and shall be 234 
known as housing authority police officers. Housing authority police 235 
officers shall be appointed by the local board, agency or person 236 
empowered to appoint municipal police officers, subject to approval of 237 
the housing authority. The requirements for appointment as a police 238  Substitute Bill No. 7067 
 
 
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officer in the municipality in which the housing authority is located, 239 
except for age and physical qualifications, shall be mandatory for 240 
housing authority police officers in such municipality. No person shall 241 
be appointed to such housing authority police force unless [he] such 242 
person has been awarded a certificate attesting to [his] such person's 243 
successful completion of an approved municipal police basic training 244 
program, as provided in section 7-294e. The initial appointment shall 245 
be for a probationary term upon completion of which the appointing 246 
authority may promote such probationary officers to permanent status; 247 
provided such promotion shall be in accordance with procedures 248 
applicable to municipal police officers in the municipality and shall be 249 
made subject to the approval of the housing authority. Housing 250 
authority police officers shall have and exercise the powers and 251 
authority conferred upon municipal police officers and shall be subject 252 
to the ultimate supervision and control of the chief of police of the 253 
municipality in which the housing authority operates. 254 
(b) Notwithstanding the provisions of subsection (a) of this section, 255 
any housing authority police force which existed prior to October 1, 256 
1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 257 
Demonstration Cities and Metropolitan Development Act of 1966, and 258 
which, for any reason, does not constitute a housing authority police 259 
force pursuant to subsection (a) of this section, shall constitute a 260 
housing authority police force pursuant to this subsection and the 261 
members of such police [forces] force may exercise the powers granted 262 
to such members pursuant to this subsection. The members of such 263 
police force may act, at the expense of the municipality, as special 264 
police officers upon property owned or managed by any housing 265 
authority. Such special police officers: (1) May arrest, without previous 266 
complaint and warrant, any person for any offense in their jurisdiction, 267 
when such person is taken or apprehended in the act or on the speedy 268 
information of others; (2) when in the immediate pursuit of one who 269 
may be arrested under the provisions of this subsection, may pursue 270 
such offender outside of their jurisdiction into any part of the 271 
municipality to effect an arrest; (3) shall be peace officers, as defined in 272  Substitute Bill No. 7067 
 
 
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subdivision (9) of section 53a-3; (4) shall have the authority to serve 273 
criminal process within their jurisdiction; (5) shall, when on duty, wear 274 
a uniform, distinct in color from that worn by the police officers of the 275 
municipality; (6) shall, when on duty, wear in plain view a shield, 276 
distinct in shape from that worn by the police officers of the 277 
municipality which shall bear the words "special police"; (7) shall 278 
complete a forty-hour basic training program provided by the 279 
municipality within one hundred eighty days of June 27, 1983; and (8) 280 
shall take an oath of office.  281 
Sec. 4. Section 8-50 of the general statutes is repealed and the 282 
following is substituted in lieu thereof (Effective October 1, 2019): 283 
An authority shall have the right to acquire by the exercise of the 284 
power of eminent domain any real property which it deems necessary 285 
for its purposes under this chapter, provided such real property is not 286 
located in an expanded area of operation, after the adoption by [it] 287 
such authority of a resolution declaring that the acquisition of such 288 
real property described [therein] in such resolution is necessary for 289 
such purposes. An authority, in its own name and at its own expense 290 
and cost, may prefer a petition and exercise the power of eminent 291 
domain in the manner provided in section 48 -12 and acts 292 
supplementary thereto, except that a housing authority's power of 293 
eminent domain shall not extend to an expanded area of operation. 294 
Property already devoted to a public use may be acquired, provided 295 
no real property belonging to the municipality, the state or any 296 
political subdivision thereof may be acquired without its consent.  297 
Sec. 5. Section 8-389 of the general statutes is repealed and the 298 
following is substituted in lieu thereof (Effective October 1, 2019): 299 
Upon the incorporation of a successfully negotiated regional fair 300 
housing compact into a regional plan of conservation and 301 
development by a regional planning agency pursuant to section 8-386, 302 
the Commissioner of Housing and the Connecticut Housing Authority 303 
may give priority to any application for financial or technical 304  Substitute Bill No. 7067 
 
 
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assistance made by a municipality, housing authority or eligible 305 
developer as defined in [subsection (u) of] section 8-39, as amended by 306 
this act, in connection with any project located in a municipality which 307 
has approved the regional fair housing compact pursuant to section 8-308 
386.  309 
Sec. 6. Subsection (i) of section 12-631 of the general statutes is 310 
repealed and the following is substituted in lieu thereof (Effective 311 
October 1, 2019): 312 
(i) "Families of low and moderate income" means families meeting 313 
the criteria for designation as families of low and moderate income 314 
established by the Commissioner of Housing pursuant to subsection 315 
[(f)] (h) of section 8-39, as amended by this act.  316 
Sec. 7. Section 8-113a of the general statutes is repealed and the 317 
following is substituted in lieu thereof (Effective October 1, 2019): 318 
The following terms, wherever used or referred to in this part, 319 
[shall] have the following respective meanings, unless a different 320 
meaning clearly appears from the context: 321 
(a) "Authority" or "housing authority" means any of the public 322 
corporations created by section 8-40, as amended by this act. 323 
[(b) "Municipality" means any city, borough or town. "The 324 
municipality" means the particular municipality for which a particular 325 
housing authority is created. 326 
(c) "Governing body" means, for towns having a town council, the 327 
council; for other towns, the selectmen; for cities, the common council 328 
or other similar body of officials; and for boroughs, the warden and 329 
burgesses. 330 
(d) "Mayor" means, for cities, the mayor, and, for boroughs, the 331 
warden. "Clerk" means the clerk of the particular city, borough or town 332 
for which a particular housing authority is created. 333  Substitute Bill No. 7067 
 
 
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(e) "Area of operation" shall include the municipality in which a 334 
housing authority is created under the provisions of this chapter, and 335 
may include a neighboring municipality, provided the governing body 336 
of such neighboring municipality shall agree by proper resolution to 337 
the extension of the area of operation to include such neighboring 338 
municipality.] 339 
(b) "Bonds" means any bonds, notes, interim certificates, certificates 340 
of indebtedness, debentures or other obligations issued by the 341 
authority pursuant to this chapter. 342 
(c) "Elderly persons" means persons sixty-two years of age and over 343 
who lack the amount of income which is necessary, as determined by 344 
the authority or nonprofit corporation, subject to approval by the 345 
Commissioner of Housing, to enable them to live in decent, safe and 346 
sanitary dwellings without financial assistance as provided under this 347 
part, or persons who have been certified by the Social Security Board 348 
as being totally disabled under the federal Social Security Act or 349 
certified by any other federal board or agency as being totally disabled. 350 
(d) "Housing partnership" means any partnership, limited 351 
partnership, joint venture, trust or association consisting of (1) a 352 
housing authority, a nonprofit corporation or both, and (2) (A) a 353 
business corporation incorporated pursuant to chapter 601 or any 354 
predecessor statutes thereto, having as one of its purposes the 355 
construction, rehabilitation, ownership or operation of housing, and 356 
having articles of incorporation approved by the commissioner in 357 
accordance with regulations adopted pursuant to section 8-79a or 8-84, 358 
(B) a for-profit partnership, limited partnership, joint venture, trust, 359 
limited liability company or association having as one of its purposes 360 
the construction, rehabilitation, ownership or operation of housing, 361 
and having basic documents of organization approved by the 362 
commissioner in accordance with regulations adopted pursuant to 363 
section 8-79a or 8-84, or (C) any combination of the entities included 364 
under subparagraphs (A) and (B) of this subdivision. 365  Substitute Bill No. 7067 
 
 
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[(f)] (e) "Housing project" means any work or undertaking (1) to 366 
demolish, clear or remove buildings from any slum area, which work 367 
or undertaking may embrace the adaptation of such area to public 368 
purposes, including parks or other recreational or community 369 
purposes; (2) to provide decent, safe and sanitary urban or rural 370 
dwellings, apartments or other living accommodations for elderly 371 
persons, which work or undertaking may include buildings, land, 372 
equipment, facilities and other real or personal property for necessary, 373 
convenient or desirable appurtenances, streets, sewers, water service, 374 
parks, site preparation, gardening, administrative, community, 375 
recreational or welfare purposes; (3) to provide a continuum of 376 
housing comprising independent living accommodations, residential 377 
care, intermediate housing facilities and skilled nursing care and 378 
facilities with ready access to medical and hospital services; or (4) to 379 
accomplish a combination of the foregoing. The term "housing project" 380 
also may be applied to the planning of the buildings and 381 
improvements, the acquisition of property, the demolition of existing 382 
structures, the construction, reconstruction, alteration and repair of the 383 
improvements and all other work in connection therewith. 384 
[(g) "Bonds" means any bonds, notes, interim certificates, certificates 385 
of indebtedness, debentures or other obligations issued by the 386 
authority pursuant to this chapter. 387 
(h) "Real property" shall include all lands, including improvements 388 
and fixtures thereon, and property of any nature appurtenant thereto, 389 
or used in connection therewith, and every estate, interest and right, 390 
legal or equitable, therein, including terms for years and liens by way 391 
of judgment, mortgage or otherwise and the indebtedness secured by 392 
such liens. 393 
(i) "Obligee of the authority" or "obligee" shall include any 394 
bondholder, trustee or trustees for any bondholders, or lessor 395 
demising to the authority property used in connection with a housing 396 
project, or any assignee or assignees of such lessor's interest or any 397 
part thereof, and the state government when it is a party to any 398  Substitute Bill No. 7067 
 
 
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contract with the authority. 399 
(j) "State public body" means any city, borough, town, municipal 400 
corporation, district or other subdivision of the state.] 401 
[(k)] (f) "Rent" means the entire amount paid to a local authority, 402 
nonprofit corporation or housing partnership for any dwelling unit. 403 
[(l)] (g) "Shelter rent" means ["rent" as defined herein] rent, less any 404 
charges made by a local authority, nonprofit corporation or housing 405 
partnership for water, heat, gas, electricity and sewer use charges. 406 
[(m) "Elderly persons" means persons sixty-two years of age and 407 
over who lack the amount of income which is necessary, as determined 408 
by the authority or nonprofit corporation, subject to approval by the 409 
Commissioner of Housing, to enable them to live in decent, safe and 410 
sanitary dwellings without financial assistance as provided under this 411 
part, or persons who have been certified by the Social Security Board 412 
as being totally disabled under the federal Social Security Act or 413 
certified by any other federal board or agency as being totally disabled. 414 
(n) "Housing partnership" means any partnership, limited 415 
partnership, joint venture, trust or association consisting of (1) a 416 
housing authority, a nonprofit corporation or both and (2) (A) a 417 
business corporation incorporated pursuant to chapter 601 or any 418 
predecessor statutes thereto, having as one of its purposes the 419 
construction, rehabilitation, ownership or operation of housing, and 420 
having articles of incorporation approved by the commissioner in 421 
accordance with regulations adopted pursuant to section 8-79a or 8-84, 422 
(B) a for-profit partnership, limited partnership, joint venture, trust, 423 
limited liability company or association having as one of its purposes 424 
the construction, rehabilitation, ownership or operation of housing, 425 
and having basic documents of organization approved by the 426 
commissioner in accordance with regulations adopted pursuant to 427 
section 8-79a or 8-84 or (C) any combination of the entities included 428 
under subparagraphs (A) and (B) of this subdivision.] 429  Substitute Bill No. 7067 
 
 
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Sec. 8. Subsection (a) of section 8-116c of the general statutes is 430 
repealed and the following is substituted in lieu thereof (Effective 431 
October 1, 2019): 432 
(a) An elderly person [, as defined in subsection (m) of section 8-433 
113a,] shall not be eligible to move into a housing project [, as defined 434 
in subsection (f) of section 8-113a,] if the person (1) is currently using 435 
illegal drugs, (2) is currently abusing alcohol and has a recent history 436 
of disruptive or dangerous behavior and whose tenancy (A) would 437 
constitute a direct threat to the health or safety of another individual or 438 
(B) would result in substantial physical damage to the property of 439 
another, (3) has a recent history of disruptive or dangerous behavior 440 
and whose tenancy (A) would constitute a direct threat to the health 441 
and safety of another individual or (B) would result in substantial 442 
physical damage to the property of another, or (4) was convicted of the 443 
illegal sale or possession of a controlled substance, as defined in 444 
section 21a-240, within the prior twenty-four-month period. 445 
Sec. 9. Section 8-116d of the general statutes is repealed and the 446 
following is substituted in lieu thereof (Effective October 1, 2019): 447 
Any elderly person [, as defined in subsection (m) of section 8-113a,] 448 
who applies for and is accepted for admission to a housing project 449 
pursuant to this part or part VII of this chapter or pursuant to any 450 
other state or federal housing assistance program may terminate the 451 
lease or rental agreement for the dwelling unit that he or she occupies 452 
at the time of such acceptance, without the penalty or liability for the 453 
remaining term of the lease or rental agreement, upon giving thirty 454 
days' written notice to the landlord of such dwelling unit.  455 
Sec. 10. Section 8-119h of the general statutes is repealed and the 456 
following is substituted in lieu thereof (Effective October 1, 2019): 457 
Upon preliminary approval by the State Bond Commissi on 458 
pursuant to the provisions of section 3-20, the state, acting by and 459 
through the Commissioner of Housing, may enter into a contract or 460  Substitute Bill No. 7067 
 
 
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contracts with an authority, a municipal developer, a nonprofit 461 
corporation or a housing partnership for state financial assistance for a 462 
congregate housing project, in the form of capital grants, interim loans, 463 
permanent loans, deferred loans or any combination thereof for 464 
application to the development cost of such project or projects. A 465 
contract with an authority, a municipal developer, a nonprofit 466 
corporation or a housing partnership may provide that in the case of 467 
any loan made in conjunction with any housing assistance funds 468 
provided by an agency of the United States government, if such 469 
housing assistance funds terminate prior to complete repayment of a 470 
loan made pursuant to this section, the remaining balance of such loan 471 
may be converted to a capital grant or decreased loan. Any such state 472 
assistance contract with an authority, a municipal developer, a 473 
nonprofit corporation or a housing partnership for a capital grant or 474 
loan entered into prior to the time housing assistance funds became 475 
available from an agency of the United States government, may, upon 476 
the mutual consent of the commissioner and the authority, municipal 477 
developer, nonprofit corporation or housing partnership, be 478 
renegotiated to provide for a loan or increased loan in the place of a 479 
capital grant or loan or a part thereof, consistent with the above 480 
conditions. Such capital grants or loans shall be in an amount not in 481 
excess of the development cost of the project or projects, including, in 482 
the case of grants or loans financed from the proceeds of the state's 483 
general obligation bonds issued pursuant to any authorization, 484 
allocation or approval of the State Bond Commission made prior to 485 
July 1, 1990, administrative or other cost or expense to be incurred by 486 
the state in connection therewith, as approved by said commissioner. 487 
In anticipation of final payment of such capital grants or loans, the 488 
state, acting by and through said commissioner and in accordance with 489 
such contract, may make temporary advances to the authority, 490 
municipal developer, nonprofit corporation or housing partnership for 491 
preliminary planning expense or other development cost of such 492 
project or projects. Any loan provided pursuant to this section shall 493 
bear interest at a rate to be determined in accordance with subsection 494 
(t) of section 3-20. Any such authority, municipal developer, nonprofit 495  Substitute Bill No. 7067 
 
 
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corporation or housing partnership may, subject to the approval of the 496 
Commissioner of Housing, contract with any other person approved 497 
by the Commissioner of Housing for the operation of a project 498 
undertaken pursuant to this part. As used in this section, "housing 499 
partnership" has the same meaning as provided in [subsection (n) of] 500 
section 8-113a, as amended by this act.  501 
Sec. 11. Section 8-119l of the general statutes is repealed and the 502 
following is substituted in lieu thereof (Effective October 1, 2019): 503 
The state, acting by and through the Commissioner of Housing, 504 
may enter into a contract or contracts with an authority, a municipal 505 
developer, a nonprofit corporation or a housing partnership for state 506 
financial assistance in the form of a grant-in-aid for an operating cost 507 
subsidy for state-financed congregate housing projects developed 508 
pursuant to this part. In calculating the amount of the grant-in-aid, the 509 
commissioner shall use adjusted gross income of tenants. As used in 510 
this section, "adjusted gross income" means annual aggregate income 511 
from all sources minus fifty per cent of all unreimbursable medical 512 
expenses. As used in this section, "housing partnership" has the same 513 
meaning as provided in [subsection (n) of] section 8-113a, as amended 514 
by this act.  515 
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 
Sec. 5 October 1, 2019 8-389 
Sec. 6 October 1, 2019 12-631(i) 
Sec. 7 October 1, 2019 8-113a 
Sec. 8 October 1, 2019 8-116c(a) 
Sec. 9 October 1, 2019 8-116d 
Sec. 10 October 1, 2019 8-119h 
Sec. 11 October 1, 2019 8-119l  Substitute Bill No. 7067 
 
 
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HSG Joint Favorable Subst.