Connecticut 2019 Regular Session

Connecticut House Bill HB07067 Compare Versions

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7-General Assembly Substitute Bill No. 7067
5+General Assembly Raised Bill No. 7067
86 January Session, 2019
7+LCO No. 3448
8+
9+
10+Referred to Committee on HOUSING
11+
12+
13+Introduced by:
14+(HSG)
15+
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1118
1219 AN ACT CONCERNING HO USING AUTHORITY JURISDICTION.
1320 Be it enacted by the Senate and House of Representatives in General
1421 Assembly convened:
1522
1623 Section 1. Section 8-39 of the general statutes is repealed and the 1
1724 following is substituted in lieu thereof (Effective October 1, 2019): 2
1825 The following terms, wherever used or referred to in this chapter, 3
1926 [shall] have the following respective meanings, unless a different 4
2027 meaning clearly appears from the context: 5
21-(a) "Area of operation" [includes the municipality in which a 6
22-housing authority is created under the provisions of this chapter and 7
23-may include a neighboring municipality, provided the governing body 8
24-of such neighboring municipality agrees by proper resolution to the 9
28+(a) "Area of operation" includes the municipality in which a housing 6
29+authority is created under the provisions of this chapter and may 7
30+include a neighboring municipality, provided the governing body of 8
31+such neighboring municipality agrees by proper resolution to the 9
2532 extension of the area of operation to include such neighboring 10
26-municipality] means a municipal area of operation and, if adopted by a 11
27-housing authority, includes an expanded area of operation. 12
28-(b) "Authority" or "housing authority" means any of the public 13
29-corporations created by section 8-40, as amended by this act, and the 14
30-Connecticut Housing Authority when exercising the rights, powers, 15
31-duties or privileges of, or subject to the immunities or limitations of, 16
32-housing authorities pursuant to section 8-121. 17
33-(c) "Bonds" means any bonds, including refunding bonds, notes, 18
34-interim certificates, debentures or other obligations issued by the 19 Substitute Bill No. 7067
33+municipality. 11
34+(b) "Authority" or "housing authority" means any of the public 12
35+corporations created by section 8-40, as amended by this act, and the 13
36+Connecticut Housing Authority when exercising the rights, powers, 14 Raised Bill No. 7067
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41-authority pursuant to this chapter. 20
42-(d) "Clerk" means the clerk of the particular city, borough or town 21
43-for which a particular housing authority is created. 22
44-(e) "Eligible developer" or "developer" means (1) a nonprofit 23
45-corporation; (2) any business corporation incorporated pursuant to 24
46-chapter 601 or any predecessor statutes thereto, having as one of its 25
47-purposes the construction, rehabilitation, ownership or operation of 26
48-housing, and having articles of incorporation approved by the 27
49-commissioner in accordance with regulations adopted pursuant to 28
50-section 8-79a or 8-84; (3) any partnership, limited partnership, joint 29
51-venture, trust, limited liability company or association having as one of 30
52-its purposes the construction, rehabilitation, ownership or operation of 31
53-housing, and having basic documents of organization approved by the 32
54-commissioner in accordance with regulations adopted pursuant to 33
55-section 8-79a or 8-84; (4) a housing authority; (5) a family or person 34
56-approved by the commissioner as qualified to own, construct, 35
57-rehabilitate, manage and maintain housing under a mortgage loan 36
58-made or insured under an agreement entered into pursuant to the 37
59-provisions of this chapter; or (6) a municipal developer. 38
60-(f) "Expanded area of operation" means an area designated by the 39
61-Department of Housing pursuant to section 8-348 as a high or very 40
62-high opportunity census tract, provided any part of such census tract is 41
63-located within thirty miles of the municipality in which the housing 42
64-authority is located. 43
65-[(e)] (g) "Families of low income" means families who lack the 44
66-amount of income which is necessary, as determined by the authority 45
67-undertaking the housing project, to enable them, without financial 46
68-assistance, to live in decent, safe and sanitary dwellings, without 47
69-overcrowding. 48
70-[(f)] (h) "Families of low and moderate income" means families who 49
71-lack the amount of income which is necessary, as determined by the 50 Substitute Bill No. 7067
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42+duties or privileges of, or subject to the immunities or limitations of, 15
43+housing authorities pursuant to section 8-121. 16
44+(c) "Bonds" means any bonds, including refunding bonds, notes, 17
45+interim certificates, debentures or other obligations issued by the 18
46+authority pursuant to this chapter. 19
47+(d) "Clerk" means the clerk of the particular city, borough or town 20
48+for which a particular housing authority is created. 21
49+(e) "Families of low income" means families who lack the amount of 22
50+income which is necessary, as determined by the authority 23
51+undertaking the housing project, to enable them, without financial 24
52+assistance, to live in decent, safe and sanitary dwellings, without 25
53+overcrowding. 26
54+(f) "Families of low and moderate income" means families who lack 27
55+the amount of income which is necessary, as determined by the 28
56+Commissioner of Housing, to enable them to rent or purchase 29
57+moderate cost housing without financial assistance as provided by this 30
58+part and parts II and III of this chapter. 31
59+(g) "Federal government" includes the United States of America, the 32
60+federal emergency administration of public works or any other agency 33
61+or instrumentality, corporate or otherwise, of the United States of 34
62+America. 35
63+(h) "Governing body" means, for towns having a town council, the 36
64+council; for other towns, the selectmen; for cities, the common council 37
65+or other similar body of officials; and for boroughs, the warden and 38
66+burgesses. 39
67+(i) "Housing project" means any work or undertaking (1) to 40
68+demolish, clear or remove buildings from any slum area, which work 41
69+or undertaking may embrace the adaptation of such area to public 42
70+purposes, including parks or other recreational or community 43
71+purposes; or (2) to provide decent, safe and sanitary urban or rural 44 Raised Bill No. 7067
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78-Commissioner of Housing, to enable them to rent or purchase 51
79-moderate cost housing without financial assistance as provided by this 52
80-part and parts II and III of this chapter. 53
81-(i) "Family" means a household consisting of one or more persons. 54
82-[(g)] (j) "Federal government" includes the United States of America, 55
83-the federal emergency administration of public works or any other 56
84-agency or instrumentality, corporate or otherwise, of the United States 57
85-of America. 58
86-[(h)] (k) "Governing body" means, for towns having a town council, 59
87-the council; for other towns, the selectmen; for cities, the common 60
88-council or other similar body of officials; and for boroughs, the warden 61
89-and burgesses. 62
90-[(i)] (l) "Housing project" means any work or undertaking (1) to 63
91-demolish, clear or remove buildings from any slum area, which work 64
92-or undertaking may embrace the adaptation of such area to public 65
93-purposes, including parks or other recreational or community 66
94-purposes; or (2) to provide decent, safe and sanitary urban or rural 67
95-dwellings, apartments or other living accommodations for families of 68
96-low or moderate income, which work or undertaking may include 69
97-buildings, land, equipment, facilities and other real or personal 70
98-property for necessary, convenient or desirable appurtenances, streets, 71
99-sewers, water service, parks, site preparation, gardening, 72
100-administrative, community, recreational, commercial or welfare 73
101-purposes and may include the acquisition and rehabilitation of existing 74
102-dwelling units or structures to be used for moderate or low rental 75
103-units; or (3) to accomplish a combination of the foregoing. The term 76
104-"housing project" also may be applied to the planning of the buildings 77
105-and improvements, the acquisition of property, the demolition of 78
106-existing structures, the construction, reconstruction, alteration and 79
107-repair of the improvements and all other work in connection therewith 80
108-and may include the reconstruction, rehabilitation, alteration, or major 81
109-repair of existing buildings or improvements which were undertaken 82 Substitute Bill No. 7067
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76+
77+dwellings, apartments or other living accommodations for families of 45
78+low or moderate income, which work or undertaking may include 46
79+buildings, land, equipment, facilities and other real or personal 47
80+property for necessary, convenient or desirable appurtenances, streets, 48
81+sewers, water service, parks, site preparation, gardening, 49
82+administrative, community, recreational, commercial or welfare 50
83+purposes and may include the acquisition and rehabilitation of existing 51
84+dwelling units or structures to be used for moderate or low rental 52
85+units; or (3) to accomplish a combination of the foregoing. The term 53
86+"housing project" also may be applied to the planning of the buildings 54
87+and improvements, the acquisition of property, the demolition of 55
88+existing structures, the construction, reconstruction, alteration and 56
89+repair of the improvements and all other work in connection therewith 57
90+and may include the reconstruction, rehabilitation, alteration, or major 58
91+repair of existing buildings or improvements which were undertaken 59
92+pursuant to parts II and VI of this chapter. 60
93+(j) "Mayor" means, for cities, the mayor and, for boroughs, the 61
94+warden. 62
95+(k) "Moderate rental" means a rental which, as determined by an 63
96+authority with the concurrence of the Commissioner of Housing, is 64
97+below the level at which private enterprise is currently building a 65
98+needed volume of safe and sanitary dwellings for rental in the locality 66
99+involved; and "moderate rental housing project" means a housing 67
100+project, receiving state aid in the form of loans or grants, for families 68
101+unable to pay more than moderate rental. Such project may include the 69
102+reconstruction, rehabilitation, alteration, or major repair of existing 70
103+buildings or improvements which were undertaken pursuant to parts 71
104+II or VI of this chapter. 72
105+(l) "Municipality" means any city, borough or town. "The 73
106+municipality" means the particular municipality for which a particular 74
107+housing authority is created. 75
108+(m) "Obligee of the authority" or "obligee" includes any bondholder, 76 Raised Bill No. 7067
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116-pursuant to parts II and VI of this chapter. 83
117-[(j)] (m) "Mayor" means, for cities, the mayor and, for boroughs, the 84
118-warden. 85
119-[(k)] (n) "Moderate rental" means a rental which, as determined by 86
120-an authority with the concurrence of the Commissioner of Housing, is 87
121-below the level at which private enterprise is currently building a 88
122-needed volume of safe and sanitary dwellings for rental in the locality 89
123-involved; and "moderate rental housing project" means a housing 90
124-project, receiving state aid in the form of loans or grants, for families 91
125-unable to pay more than moderate rental. Such project may include the 92
126-reconstruction, rehabilitation, alteration, or major repair of existing 93
127-buildings or improvements which were undertaken pursuant to parts 94
128-II or VI of this chapter. 95
129-(o) "Mortgage" means a mortgage deed, deed of trust, or other 96
130-instrument which shall constitute a lien, whether first or second, on 97
131-real estate or on a leasehold under a lease having a remaining term, at 98
132-the time such mortgage is acquired, which does not expire for at least 99
133-that number of years beyond the maturity date of the obligation 100
134-secured by such mortgage as is equal to the number of years remaining 101
135-until the maturity date of such obligation. 102
136-(p) "Municipal area of operation" includes the municipality in which 103
137-a housing authority is created under the provisions of this chapter, and 104
138-may include a neighboring municipality, as provided in section 8-40, 105
139-as amended by this act. 106
140-(q) "Municipal developer" means a municipality which has not 107
141-declared by resolution a need for a housing authority pursuant to 108
142-section 8-40, as amended by this act, acting by and through its 109
143-legislative body, except that in any town in which a town meeting or 110
144-representative town meeting is the legislative body, "municipal 111
145-developer" means the board of selectmen if such board is authorized to 112
146-act as the municipal developer by the town meeting or representative 113 Substitute Bill No. 7067
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114+trustee or trustees for any bondholders, or lessor demising to the 77
115+authority property used in connection with a housing project, or any 78
116+assignee or assignees of such lessor's interest or any part thereof, and 79
117+the state or federal government when it is a party to any contract with 80
118+the authority. 81
119+(n) "Real property" includes all lands, including improvements and 82
120+fixtures thereon, and property of any nature appurtenant thereto, or 83
121+used in connection therewith, and every estate, interest and right, legal 84
122+or equitable, therein, including terms for years and liens by way of 85
123+judgment, mortgage or otherwise and the indebtedness secured by 86
124+such liens. 87
125+(o) "Rent" means the entire amount paid to an authority for any 88
126+dwelling unit. 89
127+(p) "Shelter rent" means rent less any charges made by an authority 90
128+for water, heat, gas and electricity. 91
129+(q) "Slum" means any area where dwellings predominate which, by 92
130+reason of dilapidation, overcrowding, faulty arrangement or design, 93
131+lack of ventilation, light or sanitary facilities, or any combination of 94
132+these factors, are detrimental to safety, health and morals. 95
133+(r) "State public body" means any city, borough, town, municipal 96
134+corporation, district or other subdivision of the state. 97
135+(s) "Veteran" has the meaning assigned by section 27-103 and 98
136+includes any officer of the United States Public Health Service detailed 99
137+by proper authority to duty with any of the armed forces and the 100
138+spouse or widow or widower of such veteran, provided such veteran 101
139+shall have served for a period of ninety days or more in time of war 102
140+after December 7, 1941, and shall have resided in this state at any time 103
141+continuously for two years. 104
142+(t) "Family" means a household consisting of one or more persons. 105
143+(u) "Eligible developer" or "developer" means (1) a nonprofit 106 Raised Bill No. 7067
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153-town meeting. 114
154-[(l)] (r) "Municipality" means any city, borough or town. "The 115
155-municipality" means the particular municipality for which a particular 116
156-housing authority is created. 117
157-(s) "Nonprofit corporation" means a nonprofit corporation 118
158-incorporated pursuant to chapter 602 or any predecessor statutes 119
159-thereto, having as one of its purposes the construction, rehabilitation, 120
160-ownership or operation of housing and having articles of incorporation 121
161-approved by the Commissioner of Housing in accordance with 122
162-regulations adopted pursuant to section 8-79a or 8-84. 123
163-[(m)] (t) "Obligee of the authority" or "obligee" includes any 124
164-bondholder, trustee or trustees for any bondholders, or lessor 125
165-demising to the authority property used in connection with a housing 126
166-project, or any assignee or assignees of such lessor's interest or any 127
167-part thereof, and the state or federal government when it is a party to 128
168-any contract with the authority. 129
169-[(n)] (u) "Real property" includes all lands, including improvements 130
170-and fixtures thereon, and property of any nature appurtenant thereto, 131
171-or used in connection therewith, and every estate, interest and right, 132
172-legal or equitable, therein, including terms for years and liens by way 133
173-of judgment, mortgage or otherwise and the indebtedness secured by 134
174-such liens. 135
175-[(o)] (v) "Rent" means the entire amount paid to an authority for any 136
176-dwelling unit. 137
177-[(p)] (w) "Shelter rent" means rent less any charges made by an 138
178-authority for water, heat, gas and electricity. 139
179-[(q)] (x) "Slum" means any area where dwellings predominate 140
180-which, by reason of dilapidation, overcrowding, faulty arrangement or 141
181-design, lack of ventilation, light or sanitary facilities, or any 142
182-combination of these factors, are detrimental to safety, health and 143 Substitute Bill No. 7067
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149+corporation; (2) any business corporation incorporated pursuant to 107
150+chapter 601 or any predecessor statutes thereto, having as one of its 108
151+purposes the construction, rehabilitation, ownership or operation of 109
152+housing, and having articles of incorporation approved by the 110
153+commissioner in accordance with regulations adopted pursuant to 111
154+section 8-79a or 8-84; (3) any partnership, limited partnership, joint 112
155+venture, trust, limited liability company or association having as one of 113
156+its purposes the construction, rehabilitation, ownership or operation of 114
157+housing, and having basic documents of organization approved by the 115
158+commissioner in accordance with regulations adopted pursuant to 116
159+section 8-79a or 8-84; (4) a housing authority; (5) a family or person 117
160+approved by the commissioner as qualified to own, construct, 118
161+rehabilitate, manage and maintain housing under a mortgage loan 119
162+made or insured under an agreement entered into pursuant to the 120
163+provisions of this chapter; or (6) a municipal developer. 121
164+(v) "Mortgage" means a mortgage deed, deed of trust, or other 122
165+instrument which [shall constitute] constitutes a lien, whether first or 123
166+second, on real estate or on a leasehold under a lease having a 124
167+remaining term, at the time such mortgage is acquired, which does not 125
168+expire for at least that number of years beyond the maturity date of the 126
169+obligation secured by such mortgage as is equal to the number of years 127
170+remaining until the maturity date of such obligation. 128
171+(w) "Nonprofit corporation" means a nonprofit corporation 129
172+incorporated pursuant to chapter 602 or any predecessor statutes 130
173+thereto, having as one of its purposes the construction, rehabilitation, 131
174+ownership or operation of housing and having articles of incorporation 132
175+approved by the Commissioner of Housing in accordance with 133
176+regulations adopted pursuant to section 8-79a or 8-84. 134
177+(x) "Municipal developer" means a municipality [, as defined in 135
178+subsection (l) of this section,] which has not declared by resolution a 136
179+need for a housing authority pursuant to section 8-40, as amended by 137
180+this act, acting by and through its legislative body, except that in any 138
181+town in which a town meeting or representative town meeting is the 139 Raised Bill No. 7067
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189-morals. 144
190-[(r)] (y) "State public body" means any city, borough, town, 145
191-municipal corporation, district or other subdivision of the state. 146
192-[(s)] (z) "Veteran" has the meaning assigned by section 27-103 and 147
193-includes any officer of the United States Public Health Service detailed 148
194-by proper authority to duty with any of the armed forces and the 149
195-spouse or widow or widower of such veteran, provided such veteran 150
196-shall have served for a period of ninety days or more in time of war 151
197-after December 7, 1941, and shall have resided in this state at any time 152
198-continuously for two years. 153
199-[(t) "Family" means a household consisting of one or more persons. 154
200-(u) "Eligible developer" or "developer" means (1) a nonprofit 155
201-corporation; (2) any business corporation incorporated pursuant to 156
202-chapter 601 or any predecessor statutes thereto, having as one of its 157
203-purposes the construction, rehabilitation, ownership or operation of 158
204-housing, and having articles of incorporation approved by the 159
205-commissioner in accordance with regulations adopted pursuant to 160
206-section 8-79a or 8-84; (3) any partnership, limited partnership, joint 161
207-venture, trust, limited liability company or association having as one of 162
208-its purposes the construction, rehabilitation, ownership or operation of 163
209-housing, and having basic documents of organization approved by the 164
210-commissioner in accordance with regulations adopted pursuant to 165
211-section 8-79a or 8-84; (4) a housing authority; (5) a family or person 166
212-approved by the commissioner as qualified to own, construct, 167
213-rehabilitate, manage and maintain housing under a mortgage loan 168
214-made or insured under an agreement entered into pursuant to the 169
215-provisions of this chapter; or (6) a municipal developer. 170
216-(v) "Mortgage" means a mortgage deed, deed of trust, or other 171
217-instrument which shall constitute a lien, whether first or second, on 172
218-real estate or on a leasehold under a lease having a remaining term, at 173
219-the time such mortgage is acquired, which does not expire for at least 174 Substitute Bill No. 7067
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187+legislative body, "municipal developer" means the board of selectmen 140
188+if such board is authorized to act as the municipal developer by the 141
189+town meeting or representative town meeting. 142
190+(y) "Expanded area of operation" includes areas designated by the 143
191+Department of Housing pursuant to section 8-348 as high or very high 144
192+opportunity census tracts, which are located outside the area of 145
193+operation, provided any part of such census tract is located within 146
194+thirty miles of the municipality in which the housing authority is 147
195+located. 148
196+Sec. 2. Section 8-40 of the general statutes is repealed and the 149
197+following is substituted in lieu thereof (Effective October 1, 2019): 150
198+In each municipality of the state there is created a public body 151
199+corporate and politic to be known as the "housing authority" of the 152
200+municipality; provided such authority shall not transact any business 153
201+or exercise its powers [hereunder] under this section until the 154
202+governing body of the municipality by resolution declares that there is 155
203+need for a housing authority in the municipality, provided it shall find 156
204+(1) that insanitary or unsafe inhabited dwelling accommodations exist 157
205+in the municipality or (2) that there is a shortage of safe or sanitary 158
206+dwelling accommodations in the municipality available to families of 159
207+low income at rentals they can afford, or (3) that there is a shortage of 160
208+safe or sanitary dwelling accommodations in the municipality 161
209+available to families of moderate income at rentals they can afford. In 162
210+determining whether dwelling accommodations are unsafe or 163
211+insanitary, said governing body may take into consideration the 164
212+degree of overcrowding, the percentage of land coverage, the light, air, 165
213+space and access available to the inhabitants of such dwelling 166
214+accommodations, the size and arrangement of the rooms, the sanitary 167
215+facilities and the extent to which conditions exist in such buildings 168
216+which endanger life or property by fire or other causes. The governing 169
217+bodies of two or more municipalities may create a regional housing 170
218+authority, which shall have all the powers, duties and responsibilities 171
219+conferred upon housing authorities by this chapter and chapter 130. 172 Raised Bill No. 7067
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226-that number of years beyond the maturity date of the obligation 175
227-secured by such mortgage as is equal to the number of years remaining 176
228-until the maturity date of such obligation. 177
229-(w) "Nonprofit corporation" means a nonprofit corporation 178
230-incorporated pursuant to chapter 602 or any predecessor statutes 179
231-thereto, having as one of its purposes the construction, rehabilitation, 180
232-ownership or operation of housing and having articles of incorporation 181
233-approved by the Commissioner of Housing in accordance with 182
234-regulations adopted pursuant to section 8-79a or 8-84. 183
235-(x) "Municipal developer" means a municipality, as defined in 184
236-subsection (l) of this section, which has not declared by resolution a 185
237-need for a housing authority pursuant to section 8-40, acting by and 186
238-through its legislative body, except that in any town in which a town 187
239-meeting or representative town meeting is the legislative body, 188
240-"municipal developer" means the board of selectmen if such board is 189
241-authorized to act as the municipal developer by the town meeting or 190
242-representative town meeting.] 191
243-Sec. 2. Section 8-40 of the general statutes is repealed and the 192
244-following is substituted in lieu thereof (Effective October 1, 2019): 193
245-(a) In each municipality of the state there is created a public body 194
246-corporate and politic to be known as the "housing authority" of the 195
247-municipality; provided such authority shall not transact any business 196
248-or exercise its powers [hereunder] under this section until the 197
249-governing body of the municipality by resolution declares that there is 198
250-need for a housing authority in the municipality, provided it shall find 199
251-(1) that insanitary or unsafe inhabited dwelling accommodations exist 200
252-in the municipality or (2) that there is a shortage of safe or sanitary 201
253-dwelling accommodations in the municipality available to families of 202
254-low income at rentals they can afford, or (3) that there is a shortage of 203
255-safe or sanitary dwelling accommodations in the municipality 204
256-available to families of moderate income at rentals they can afford. In 205
257-determining whether dwelling accommodations are unsafe or 206 Substitute Bill No. 7067
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225+The area of operation of such authority shall include the municipalities 173
226+for which such authority is created, and any such authority may adopt 174
227+an expanded area of operation. Such authority shall act through a 175
228+board of commissioners composed of two representatives from each 176
229+municipality appointed for terms of four years in the manner provided 177
230+in section 8-41. 178
231+Sec. 3. Section 8-44b of the general statutes is repealed and the 179
232+following is substituted in lieu thereof (Effective October 1, 2019): 180
233+(a) Any housing authority created by section 8-40, as amended by 181
234+this act, shall have the power to establish and maintain a housing 182
235+authority police force, [the] except that no housing authority shall have 183
236+the power to establish or maintain a housing authority police force in 184
237+an expanded area of operation. The members of [which] any such 185
238+police force shall be employees of such housing authority and shall be 186
239+known as housing authority police officers. Housing authority police 187
240+officers shall be appointed by the local board, agency or person 188
241+empowered to appoint municipal police officers, subject to approval of 189
242+the housing authority. The requirements for appointment as a police 190
243+officer in the municipality in which the housing authority is located, 191
244+except for age and physical qualifications, shall be mandatory for 192
245+housing authority police officers in such municipality. No person shall 193
246+be appointed to such housing authority police force unless [he] such 194
247+person has been awarded a certificate attesting to [his] such person's 195
248+successful completion of an approved municipal police basic training 196
249+program, as provided in section 7-294e. The initial appointment shall 197
250+be for a probationary term upon completion of which the appointing 198
251+authority may promote such probationary officers to permanent status; 199
252+provided such promotion shall be in accordance with procedures 200
253+applicable to municipal police officers in the municipality and shall be 201
254+made subject to the approval of the housing authority. Housing 202
255+authority police officers shall have and exercise the powers and 203
256+authority conferred upon municipal police officers and shall be subject 204
257+to the ultimate supervision and control of the chief of police of the 205
258+municipality in which the housing authority operates. 206 Raised Bill No. 7067
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264-insanitary, [said] such governing body may take into consideration the 207
265-degree of overcrowding, the percentage of land coverage, the light, air, 208
266-space and access available to the inhabitants of such dwelling 209
267-accommodations, the size and arrangement of the rooms, the sanitary 210
268-facilities and the extent to which conditions exist in such buildings 211
269-which endanger life or property by fire or other causes. 212
270-(b) The governing bodies of two or more municipalities may create a 213
271-regional housing authority, which shall have all the powers, duties and 214
272-responsibilities conferred upon housing authorities by this chapter and 215
273-chapter 130. The area of operation of such authority shall include the 216
274-municipalities for which such authority is created, provided, in the 217
275-case of a municipal area of operation that includes a neighboring 218
276-municipality, the neighboring municipality agrees by proper 219
277-resolution to the expansion of the area of operation to include such 220
278-neighboring municipality. Such authority shall act through a board of 221
279-commissioners composed of two rep resentatives from each 222
280-municipality appointed for terms of four years in the manner provided 223
281-in section 8-41. 224
282-(c) Any housing authority may adopt an expanded area of 225
283-operation. 226
284-Sec. 3. Section 8-44b of the general statutes is repealed and the 227
285-following is substituted in lieu thereof (Effective October 1, 2019): 228
286-(a) Any housing authority created by section 8-40, as amended by 229
287-this act, shall have the power to establish and maintain a housing 230
288-authority police force, [the] except that no housing authority shall have 231
289-the power to establish or maintain a housing authority police force in 232
290-an expanded area of operation. The members of [which] any such 233
291-police force shall be employees of such housing authority and shall be 234
292-known as housing authority police officers. Housing authority police 235
293-officers shall be appointed by the local board, agency or person 236
294-empowered to appoint municipal police officers, subject to approval of 237
295-the housing authority. The requirements for appointment as a police 238 Substitute Bill No. 7067
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264+(b) Notwithstanding the provisions of subsection (a) of this section, 207
265+any housing authority police force which existed prior to October 1, 208
266+1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 209
267+Demonstration Cities and Metropolitan Development Act of 1966, and 210
268+which, for any reason, does not constitute a housing authority police 211
269+force pursuant to subsection (a) of this section, shall constitute a 212
270+housing authority police force pursuant to this subsection and the 213
271+members of such police forces may exercise the powers granted to 214
272+such members pursuant to this subsection. The members of such police 215
273+force may act, at the expense of the municipality, as special police 216
274+officers upon property owned or managed by any housing authority. 217
275+Such special police officers: (1) May arrest, without previous complaint 218
276+and warrant, any person for any offense in their jurisdiction, when 219
277+such person is taken or apprehended in the act or on the speedy 220
278+information of others; (2) when in the immediate pursuit of one who 221
279+may be arrested under the provisions of this subsection, may pursue 222
280+such offender outside of their jurisdiction into any part of the 223
281+municipality to effect an arrest; (3) shall be peace officers as defined in 224
282+subdivision (9) of section 53a-3; (4) shall have the authority to serve 225
283+criminal process within their jurisdiction; (5) shall, when on duty, wear 226
284+a uniform, distinct in color from that worn by the police officers of the 227
285+municipality; (6) shall, when on duty, wear in plain view a shield, 228
286+distinct in shape from that worn by the police officers of the 229
287+municipality which shall bear the words "special police"; (7) shall 230
288+complete a forty-hour basic training program provided by the 231
289+municipality within one hundred eighty days of June 27, 1983; and (8) 232
290+shall take an oath of office. 233
291+Sec. 4. Section 8-50 of the general statutes is repealed and the 234
292+following is substituted in lieu thereof (Effective October 1, 2019): 235
293+An authority shall have the right to acquire by the exercise of the 236
294+power of eminent domain any real property which it deems necessary 237
295+for its purposes under this chapter, provided such real property is not 238
296+located in an expanded area of operation, after the adoption by [it] 239
297+such authority of a resolution declaring that the acquisition of such 240 Raised Bill No. 7067
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302-officer in the municipality in which the housing authority is located, 239
303-except for age and physical qualifications, shall be mandatory for 240
304-housing authority police officers in such municipality. No person shall 241
305-be appointed to such housing authority police force unless [he] such 242
306-person has been awarded a certificate attesting to [his] such person's 243
307-successful completion of an approved municipal police basic training 244
308-program, as provided in section 7-294e. The initial appointment shall 245
309-be for a probationary term upon completion of which the appointing 246
310-authority may promote such probationary officers to permanent status; 247
311-provided such promotion shall be in accordance with procedures 248
312-applicable to municipal police officers in the municipality and shall be 249
313-made subject to the approval of the housing authority. Housing 250
314-authority police officers shall have and exercise the powers and 251
315-authority conferred upon municipal police officers and shall be subject 252
316-to the ultimate supervision and control of the chief of police of the 253
317-municipality in which the housing authority operates. 254
318-(b) Notwithstanding the provisions of subsection (a) of this section, 255
319-any housing authority police force which existed prior to October 1, 256
320-1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 257
321-Demonstration Cities and Metropolitan Development Act of 1966, and 258
322-which, for any reason, does not constitute a housing authority police 259
323-force pursuant to subsection (a) of this section, shall constitute a 260
324-housing authority police force pursuant to this subsection and the 261
325-members of such police [forces] force may exercise the powers granted 262
326-to such members pursuant to this subsection. The members of such 263
327-police force may act, at the expense of the municipality, as special 264
328-police officers upon property owned or managed by any housing 265
329-authority. Such special police officers: (1) May arrest, without previous 266
330-complaint and warrant, any person for any offense in their jurisdiction, 267
331-when such person is taken or apprehended in the act or on the speedy 268
332-information of others; (2) when in the immediate pursuit of one who 269
333-may be arrested under the provisions of this subsection, may pursue 270
334-such offender outside of their jurisdiction into any part of the 271
335-municipality to effect an arrest; (3) shall be peace officers, as defined in 272 Substitute Bill No. 7067
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342-subdivision (9) of section 53a-3; (4) shall have the authority to serve 273
343-criminal process within their jurisdiction; (5) shall, when on duty, wear 274
344-a uniform, distinct in color from that worn by the police officers of the 275
345-municipality; (6) shall, when on duty, wear in plain view a shield, 276
346-distinct in shape from that worn by the police officers of the 277
347-municipality which shall bear the words "special police"; (7) shall 278
348-complete a forty-hour basic training program provided by the 279
349-municipality within one hundred eighty days of June 27, 1983; and (8) 280
350-shall take an oath of office. 281
351-Sec. 4. Section 8-50 of the general statutes is repealed and the 282
352-following is substituted in lieu thereof (Effective October 1, 2019): 283
353-An authority shall have the right to acquire by the exercise of the 284
354-power of eminent domain any real property which it deems necessary 285
355-for its purposes under this chapter, provided such real property is not 286
356-located in an expanded area of operation, after the adoption by [it] 287
357-such authority of a resolution declaring that the acquisition of such 288
358-real property described [therein] in such resolution is necessary for 289
359-such purposes. An authority, in its own name and at its own expense 290
360-and cost, may prefer a petition and exercise the power of eminent 291
361-domain in the manner provided in section 48 -12 and acts 292
362-supplementary thereto, except that a housing authority's power of 293
363-eminent domain shall not extend to an expanded area of operation. 294
364-Property already devoted to a public use may be acquired, provided 295
365-no real property belonging to the municipality, the state or any 296
366-political subdivision thereof may be acquired without its consent. 297
367-Sec. 5. Section 8-389 of the general statutes is repealed and the 298
368-following is substituted in lieu thereof (Effective October 1, 2019): 299
369-Upon the incorporation of a successfully negotiated regional fair 300
370-housing compact into a regional plan of conservation and 301
371-development by a regional planning agency pursuant to section 8-386, 302
372-the Commissioner of Housing and the Connecticut Housing Authority 303
373-may give priority to any application for financial or technical 304 Substitute Bill No. 7067
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380-assistance made by a municipality, housing authority or eligible 305
381-developer as defined in [subsection (u) of] section 8-39, as amended by 306
382-this act, in connection with any project located in a municipality which 307
383-has approved the regional fair housing compact pursuant to section 8-308
384-386. 309
385-Sec. 6. Subsection (i) of section 12-631 of the general statutes is 310
386-repealed and the following is substituted in lieu thereof (Effective 311
387-October 1, 2019): 312
388-(i) "Families of low and moderate income" means families meeting 313
389-the criteria for designation as families of low and moderate income 314
390-established by the Commissioner of Housing pursuant to subsection 315
391-[(f)] (h) of section 8-39, as amended by this act. 316
392-Sec. 7. Section 8-113a of the general statutes is repealed and the 317
393-following is substituted in lieu thereof (Effective October 1, 2019): 318
394-The following terms, wherever used or referred to in this part, 319
395-[shall] have the following respective meanings, unless a different 320
396-meaning clearly appears from the context: 321
397-(a) "Authority" or "housing authority" means any of the public 322
398-corporations created by section 8-40, as amended by this act. 323
399-[(b) "Municipality" means any city, borough or town. "The 324
400-municipality" means the particular municipality for which a particular 325
401-housing authority is created. 326
402-(c) "Governing body" means, for towns having a town council, the 327
403-council; for other towns, the selectmen; for cities, the common council 328
404-or other similar body of officials; and for boroughs, the warden and 329
405-burgesses. 330
406-(d) "Mayor" means, for cities, the mayor, and, for boroughs, the 331
407-warden. "Clerk" means the clerk of the particular city, borough or town 332
408-for which a particular housing authority is created. 333 Substitute Bill No. 7067
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415-(e) "Area of operation" shall include the municipality in which a 334
416-housing authority is created under the provisions of this chapter, and 335
417-may include a neighboring municipality, provided the governing body 336
418-of such neighboring municipality shall agree by proper resolution to 337
419-the extension of the area of operation to include such neighboring 338
420-municipality.] 339
421-(b) "Bonds" means any bonds, notes, interim certificates, certificates 340
422-of indebtedness, debentures or other obligations issued by the 341
423-authority pursuant to this chapter. 342
424-(c) "Elderly persons" means persons sixty-two years of age and over 343
425-who lack the amount of income which is necessary, as determined by 344
426-the authority or nonprofit corporation, subject to approval by the 345
427-Commissioner of Housing, to enable them to live in decent, safe and 346
428-sanitary dwellings without financial assistance as provided under this 347
429-part, or persons who have been certified by the Social Security Board 348
430-as being totally disabled under the federal Social Security Act or 349
431-certified by any other federal board or agency as being totally disabled. 350
432-(d) "Housing partnership" means any partnership, limited 351
433-partnership, joint venture, trust or association consisting of (1) a 352
434-housing authority, a nonprofit corporation or both, and (2) (A) a 353
435-business corporation incorporated pursuant to chapter 601 or any 354
436-predecessor statutes thereto, having as one of its purposes the 355
437-construction, rehabilitation, ownership or operation of housing, and 356
438-having articles of incorporation approved by the commissioner in 357
439-accordance with regulations adopted pursuant to section 8-79a or 8-84, 358
440-(B) a for-profit partnership, limited partnership, joint venture, trust, 359
441-limited liability company or association having as one of its purposes 360
442-the construction, rehabilitation, ownership or operation of housing, 361
443-and having basic documents of organization approved by the 362
444-commissioner in accordance with regulations adopted pursuant to 363
445-section 8-79a or 8-84, or (C) any combination of the entities included 364
446-under subparagraphs (A) and (B) of this subdivision. 365 Substitute Bill No. 7067
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452-
453-[(f)] (e) "Housing project" means any work or undertaking (1) to 366
454-demolish, clear or remove buildings from any slum area, which work 367
455-or undertaking may embrace the adaptation of such area to public 368
456-purposes, including parks or other recreational or community 369
457-purposes; (2) to provide decent, safe and sanitary urban or rural 370
458-dwellings, apartments or other living accommodations for elderly 371
459-persons, which work or undertaking may include buildings, land, 372
460-equipment, facilities and other real or personal property for necessary, 373
461-convenient or desirable appurtenances, streets, sewers, water service, 374
462-parks, site preparation, gardening, administrative, community, 375
463-recreational or welfare purposes; (3) to provide a continuum of 376
464-housing comprising independent living accommodations, residential 377
465-care, intermediate housing facilities and skilled nursing care and 378
466-facilities with ready access to medical and hospital services; or (4) to 379
467-accomplish a combination of the foregoing. The term "housing project" 380
468-also may be applied to the planning of the buildings and 381
469-improvements, the acquisition of property, the demolition of existing 382
470-structures, the construction, reconstruction, alteration and repair of the 383
471-improvements and all other work in connection therewith. 384
472-[(g) "Bonds" means any bonds, notes, interim certificates, certificates 385
473-of indebtedness, debentures or other obligations issued by the 386
474-authority pursuant to this chapter. 387
475-(h) "Real property" shall include all lands, including improvements 388
476-and fixtures thereon, and property of any nature appurtenant thereto, 389
477-or used in connection therewith, and every estate, interest and right, 390
478-legal or equitable, therein, including terms for years and liens by way 391
479-of judgment, mortgage or otherwise and the indebtedness secured by 392
480-such liens. 393
481-(i) "Obligee of the authority" or "obligee" shall include any 394
482-bondholder, trustee or trustees for any bondholders, or lessor 395
483-demising to the authority property used in connection with a housing 396
484-project, or any assignee or assignees of such lessor's interest or any 397
485-part thereof, and the state government when it is a party to any 398 Substitute Bill No. 7067
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492-contract with the authority. 399
493-(j) "State public body" means any city, borough, town, municipal 400
494-corporation, district or other subdivision of the state.] 401
495-[(k)] (f) "Rent" means the entire amount paid to a local authority, 402
496-nonprofit corporation or housing partnership for any dwelling unit. 403
497-[(l)] (g) "Shelter rent" means ["rent" as defined herein] rent, less any 404
498-charges made by a local authority, nonprofit corporation or housing 405
499-partnership for water, heat, gas, electricity and sewer use charges. 406
500-[(m) "Elderly persons" means persons sixty-two years of age and 407
501-over who lack the amount of income which is necessary, as determined 408
502-by the authority or nonprofit corporation, subject to approval by the 409
503-Commissioner of Housing, to enable them to live in decent, safe and 410
504-sanitary dwellings without financial assistance as provided under this 411
505-part, or persons who have been certified by the Social Security Board 412
506-as being totally disabled under the federal Social Security Act or 413
507-certified by any other federal board or agency as being totally disabled. 414
508-(n) "Housing partnership" means any partnership, limited 415
509-partnership, joint venture, trust or association consisting of (1) a 416
510-housing authority, a nonprofit corporation or both and (2) (A) a 417
511-business corporation incorporated pursuant to chapter 601 or any 418
512-predecessor statutes thereto, having as one of its purposes the 419
513-construction, rehabilitation, ownership or operation of housing, and 420
514-having articles of incorporation approved by the commissioner in 421
515-accordance with regulations adopted pursuant to section 8-79a or 8-84, 422
516-(B) a for-profit partnership, limited partnership, joint venture, trust, 423
517-limited liability company or association having as one of its purposes 424
518-the construction, rehabilitation, ownership or operation of housing, 425
519-and having basic documents of organization approved by the 426
520-commissioner in accordance with regulations adopted pursuant to 427
521-section 8-79a or 8-84 or (C) any combination of the entities included 428
522-under subparagraphs (A) and (B) of this subdivision.] 429 Substitute Bill No. 7067
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529-Sec. 8. Subsection (a) of section 8-116c of the general statutes is 430
530-repealed and the following is substituted in lieu thereof (Effective 431
531-October 1, 2019): 432
532-(a) An elderly person [, as defined in subsection (m) of section 8-433
533-113a,] shall not be eligible to move into a housing project [, as defined 434
534-in subsection (f) of section 8-113a,] if the person (1) is currently using 435
535-illegal drugs, (2) is currently abusing alcohol and has a recent history 436
536-of disruptive or dangerous behavior and whose tenancy (A) would 437
537-constitute a direct threat to the health or safety of another individual or 438
538-(B) would result in substantial physical damage to the property of 439
539-another, (3) has a recent history of disruptive or dangerous behavior 440
540-and whose tenancy (A) would constitute a direct threat to the health 441
541-and safety of another individual or (B) would result in substantial 442
542-physical damage to the property of another, or (4) was convicted of the 443
543-illegal sale or possession of a controlled substance, as defined in 444
544-section 21a-240, within the prior twenty-four-month period. 445
545-Sec. 9. Section 8-116d of the general statutes is repealed and the 446
546-following is substituted in lieu thereof (Effective October 1, 2019): 447
547-Any elderly person [, as defined in subsection (m) of section 8-113a,] 448
548-who applies for and is accepted for admission to a housing project 449
549-pursuant to this part or part VII of this chapter or pursuant to any 450
550-other state or federal housing assistance program may terminate the 451
551-lease or rental agreement for the dwelling unit that he or she occupies 452
552-at the time of such acceptance, without the penalty or liability for the 453
553-remaining term of the lease or rental agreement, upon giving thirty 454
554-days' written notice to the landlord of such dwelling unit. 455
555-Sec. 10. Section 8-119h of the general statutes is repealed and the 456
556-following is substituted in lieu thereof (Effective October 1, 2019): 457
557-Upon preliminary approval by the State Bond Commissi on 458
558-pursuant to the provisions of section 3-20, the state, acting by and 459
559-through the Commissioner of Housing, may enter into a contract or 460 Substitute Bill No. 7067
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566-contracts with an authority, a municipal developer, a nonprofit 461
567-corporation or a housing partnership for state financial assistance for a 462
568-congregate housing project, in the form of capital grants, interim loans, 463
569-permanent loans, deferred loans or any combination thereof for 464
570-application to the development cost of such project or projects. A 465
571-contract with an authority, a municipal developer, a nonprofit 466
572-corporation or a housing partnership may provide that in the case of 467
573-any loan made in conjunction with any housing assistance funds 468
574-provided by an agency of the United States government, if such 469
575-housing assistance funds terminate prior to complete repayment of a 470
576-loan made pursuant to this section, the remaining balance of such loan 471
577-may be converted to a capital grant or decreased loan. Any such state 472
578-assistance contract with an authority, a municipal developer, a 473
579-nonprofit corporation or a housing partnership for a capital grant or 474
580-loan entered into prior to the time housing assistance funds became 475
581-available from an agency of the United States government, may, upon 476
582-the mutual consent of the commissioner and the authority, municipal 477
583-developer, nonprofit corporation or housing partnership, be 478
584-renegotiated to provide for a loan or increased loan in the place of a 479
585-capital grant or loan or a part thereof, consistent with the above 480
586-conditions. Such capital grants or loans shall be in an amount not in 481
587-excess of the development cost of the project or projects, including, in 482
588-the case of grants or loans financed from the proceeds of the state's 483
589-general obligation bonds issued pursuant to any authorization, 484
590-allocation or approval of the State Bond Commission made prior to 485
591-July 1, 1990, administrative or other cost or expense to be incurred by 486
592-the state in connection therewith, as approved by said commissioner. 487
593-In anticipation of final payment of such capital grants or loans, the 488
594-state, acting by and through said commissioner and in accordance with 489
595-such contract, may make temporary advances to the authority, 490
596-municipal developer, nonprofit corporation or housing partnership for 491
597-preliminary planning expense or other development cost of such 492
598-project or projects. Any loan provided pursuant to this section shall 493
599-bear interest at a rate to be determined in accordance with subsection 494
600-(t) of section 3-20. Any such authority, municipal developer, nonprofit 495 Substitute Bill No. 7067
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606-
607-corporation or housing partnership may, subject to the approval of the 496
608-Commissioner of Housing, contract with any other person approved 497
609-by the Commissioner of Housing for the operation of a project 498
610-undertaken pursuant to this part. As used in this section, "housing 499
611-partnership" has the same meaning as provided in [subsection (n) of] 500
612-section 8-113a, as amended by this act. 501
613-Sec. 11. Section 8-119l of the general statutes is repealed and the 502
614-following is substituted in lieu thereof (Effective October 1, 2019): 503
615-The state, acting by and through the Commissioner of Housing, 504
616-may enter into a contract or contracts with an authority, a municipal 505
617-developer, a nonprofit corporation or a housing partnership for state 506
618-financial assistance in the form of a grant-in-aid for an operating cost 507
619-subsidy for state-financed congregate housing projects developed 508
620-pursuant to this part. In calculating the amount of the grant-in-aid, the 509
621-commissioner shall use adjusted gross income of tenants. As used in 510
622-this section, "adjusted gross income" means annual aggregate income 511
623-from all sources minus fifty per cent of all unreimbursable medical 512
624-expenses. As used in this section, "housing partnership" has the same 513
625-meaning as provided in [subsection (n) of] section 8-113a, as amended 514
626-by this act. 515
303+real property described [therein] in such resolution is necessary for 241
304+such purposes. An authority, in its own name and at its own expense 242
305+and cost, may prefer a petition and exercise the power of eminent 243
306+domain in the manner provided in section 48 -12 and acts 244
307+supplementary thereto, except that a housing authority's power of 245
308+eminent domain shall not extend to an expanded area of operation. 246
309+Property already devoted to a public use may be acquired, provided 247
310+no real property belonging to the municipality, the state or any 248
311+political subdivision thereof may be acquired without its consent. 249
627312 This act shall take effect as follows and shall amend the following
628313 sections:
629314
630315 Section 1 October 1, 2019 8-39
631316 Sec. 2 October 1, 2019 8-40
632317 Sec. 3 October 1, 2019 8-44b
633318 Sec. 4 October 1, 2019 8-50
634-Sec. 5 October 1, 2019 8-389
635-Sec. 6 October 1, 2019 12-631(i)
636-Sec. 7 October 1, 2019 8-113a
637-Sec. 8 October 1, 2019 8-116c(a)
638-Sec. 9 October 1, 2019 8-116d
639-Sec. 10 October 1, 2019 8-119h
640-Sec. 11 October 1, 2019 8-119l Substitute Bill No. 7067
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647-
648-HSG Joint Favorable Subst.
320+Statement of Purpose:
321+To allow a housing authority to expand its jurisdiction to include
322+certain high and very high opportunity areas, as determined by the
323+Department of Housing.
324+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
325+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
326+not underlined.]
649327