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 |
---|
| 40 | + | LCO No. 3448 2 of 9 |
---|
| 41 | + | |
---|
| 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 |
---|
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 |
---|
| 75 | + | LCO No. 3448 3 of 9 |
---|
| 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 |
---|
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 |
---|
| 112 | + | LCO No. 3448 4 of 9 |
---|
| 113 | + | |
---|
| 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 |
---|
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 |
---|
| 147 | + | LCO No. 3448 5 of 9 |
---|
| 148 | + | |
---|
| 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 |
---|
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 |
---|
| 185 | + | LCO No. 3448 6 of 9 |
---|
| 186 | + | |
---|
| 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 |
---|
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 |
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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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| 223 | + | LCO No. 3448 7 of 9 |
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| 224 | + | |
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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 |
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| 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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| 262 | + | LCO No. 3448 8 of 9 |
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| 263 | + | |
---|
| 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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341 | | - | |
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342 | | - | subdivision (9) of section 53a-3; (4) shall have the authority to serve 273 |
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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 |
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364 | | - | Property already devoted to a public use may be acquired, provided 295 |
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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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379 | | - | |
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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 |
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382 | | - | this act, in connection with any project located in a municipality which 307 |
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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 |
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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 |
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397 | | - | (a) "Authority" or "housing authority" means any of the public 322 |
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398 | | - | corporations created by section 8-40, as amended by this act. 323 |
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399 | | - | [(b) "Municipality" means any city, borough or town. "The 324 |
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400 | | - | municipality" means the particular municipality for which a particular 325 |
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401 | | - | housing authority is created. 326 |
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402 | | - | (c) "Governing body" means, for towns having a town council, the 327 |
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403 | | - | council; for other towns, the selectmen; for cities, the common council 328 |
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404 | | - | or other similar body of officials; and for boroughs, the warden and 329 |
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405 | | - | burgesses. 330 |
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406 | | - | (d) "Mayor" means, for cities, the mayor, and, for boroughs, the 331 |
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407 | | - | warden. "Clerk" means the clerk of the particular city, borough or town 332 |
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408 | | - | for which a particular housing authority is created. 333 Substitute Bill No. 7067 |
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414 | | - | |
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415 | | - | (e) "Area of operation" shall include the municipality in which a 334 |
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416 | | - | housing authority is created under the provisions of this chapter, and 335 |
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417 | | - | may include a neighboring municipality, provided the governing body 336 |
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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 |
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421 | | - | (b) "Bonds" means any bonds, notes, interim certificates, certificates 340 |
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422 | | - | of indebtedness, debentures or other obligations issued by the 341 |
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423 | | - | authority pursuant to this chapter. 342 |
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424 | | - | (c) "Elderly persons" means persons sixty-two years of age and over 343 |
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425 | | - | who lack the amount of income which is necessary, as determined by 344 |
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426 | | - | the authority or nonprofit corporation, subject to approval by the 345 |
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427 | | - | Commissioner of Housing, to enable them to live in decent, safe and 346 |
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428 | | - | sanitary dwellings without financial assistance as provided under this 347 |
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429 | | - | part, or persons who have been certified by the Social Security Board 348 |
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430 | | - | as being totally disabled under the federal Social Security Act or 349 |
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431 | | - | certified by any other federal board or agency as being totally disabled. 350 |
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432 | | - | (d) "Housing partnership" means any partnership, limited 351 |
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433 | | - | partnership, joint venture, trust or association consisting of (1) a 352 |
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434 | | - | housing authority, a nonprofit corporation or both, and (2) (A) a 353 |
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435 | | - | business corporation incorporated pursuant to chapter 601 or any 354 |
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436 | | - | predecessor statutes thereto, having as one of its purposes the 355 |
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437 | | - | construction, rehabilitation, ownership or operation of housing, and 356 |
---|
438 | | - | having articles of incorporation approved by the commissioner in 357 |
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439 | | - | accordance with regulations adopted pursuant to section 8-79a or 8-84, 358 |
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440 | | - | (B) a for-profit partnership, limited partnership, joint venture, trust, 359 |
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441 | | - | limited liability company or association having as one of its purposes 360 |
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442 | | - | the construction, rehabilitation, ownership or operation of housing, 361 |
---|
443 | | - | and having basic documents of organization approved by the 362 |
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444 | | - | commissioner in accordance with regulations adopted pursuant to 363 |
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445 | | - | section 8-79a or 8-84, or (C) any combination of the entities included 364 |
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446 | | - | under subparagraphs (A) and (B) of this subdivision. 365 Substitute Bill No. 7067 |
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452 | | - | |
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453 | | - | [(f)] (e) "Housing project" means any work or undertaking (1) to 366 |
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454 | | - | demolish, clear or remove buildings from any slum area, which work 367 |
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455 | | - | or undertaking may embrace the adaptation of such area to public 368 |
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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 |
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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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491 | | - | |
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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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528 | | - | |
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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 |
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548 | | - | who applies for and is accepted for admission to a housing project 449 |
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549 | | - | pursuant to this part or part VII of this chapter or pursuant to any 450 |
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550 | | - | other state or federal housing assistance program may terminate the 451 |
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551 | | - | lease or rental agreement for the dwelling unit that he or she occupies 452 |
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552 | | - | at the time of such acceptance, without the penalty or liability for the 453 |
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553 | | - | remaining term of the lease or rental agreement, upon giving thirty 454 |
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554 | | - | days' written notice to the landlord of such dwelling unit. 455 |
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555 | | - | Sec. 10. Section 8-119h of the general statutes is repealed and the 456 |
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556 | | - | following is substituted in lieu thereof (Effective October 1, 2019): 457 |
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557 | | - | Upon preliminary approval by the State Bond Commissi on 458 |
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558 | | - | pursuant to the provisions of section 3-20, the state, acting by and 459 |
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559 | | - | through the Commissioner of Housing, may enter into a contract or 460 Substitute Bill No. 7067 |
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560 | | - | |
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561 | | - | |
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562 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- |
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564 | | - | 16 of 18 |
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565 | | - | |
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566 | | - | contracts with an authority, a municipal developer, a nonprofit 461 |
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567 | | - | corporation or a housing partnership for state financial assistance for a 462 |
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568 | | - | congregate housing project, in the form of capital grants, interim loans, 463 |
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569 | | - | permanent loans, deferred loans or any combination thereof for 464 |
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570 | | - | application to the development cost of such project or projects. A 465 |
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571 | | - | contract with an authority, a municipal developer, a nonprofit 466 |
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572 | | - | corporation or a housing partnership may provide that in the case of 467 |
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573 | | - | any loan made in conjunction with any housing assistance funds 468 |
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574 | | - | provided by an agency of the United States government, if such 469 |
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575 | | - | housing assistance funds terminate prior to complete repayment of a 470 |
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576 | | - | loan made pursuant to this section, the remaining balance of such loan 471 |
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577 | | - | may be converted to a capital grant or decreased loan. Any such state 472 |
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578 | | - | assistance contract with an authority, a municipal developer, a 473 |
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579 | | - | nonprofit corporation or a housing partnership for a capital grant or 474 |
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580 | | - | loan entered into prior to the time housing assistance funds became 475 |
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581 | | - | available from an agency of the United States government, may, upon 476 |
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582 | | - | the mutual consent of the commissioner and the authority, municipal 477 |
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583 | | - | developer, nonprofit corporation or housing partnership, be 478 |
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584 | | - | renegotiated to provide for a loan or increased loan in the place of a 479 |
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585 | | - | capital grant or loan or a part thereof, consistent with the above 480 |
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586 | | - | conditions. Such capital grants or loans shall be in an amount not in 481 |
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587 | | - | excess of the development cost of the project or projects, including, in 482 |
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588 | | - | the case of grants or loans financed from the proceeds of the state's 483 |
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589 | | - | general obligation bonds issued pursuant to any authorization, 484 |
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590 | | - | allocation or approval of the State Bond Commission made prior to 485 |
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591 | | - | July 1, 1990, administrative or other cost or expense to be incurred by 486 |
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592 | | - | the state in connection therewith, as approved by said commissioner. 487 |
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593 | | - | In anticipation of final payment of such capital grants or loans, the 488 |
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594 | | - | state, acting by and through said commissioner and in accordance with 489 |
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595 | | - | such contract, may make temporary advances to the authority, 490 |
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596 | | - | municipal developer, nonprofit corporation or housing partnership for 491 |
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597 | | - | preliminary planning expense or other development cost of such 492 |
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598 | | - | project or projects. Any loan provided pursuant to this section shall 493 |
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599 | | - | bear interest at a rate to be determined in accordance with subsection 494 |
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600 | | - | (t) of section 3-20. Any such authority, municipal developer, nonprofit 495 Substitute Bill No. 7067 |
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601 | | - | |
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602 | | - | |
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606 | | - | |
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607 | | - | corporation or housing partnership may, subject to the approval of the 496 |
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608 | | - | Commissioner of Housing, contract with any other person approved 497 |
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609 | | - | by the Commissioner of Housing for the operation of a project 498 |
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610 | | - | undertaken pursuant to this part. As used in this section, "housing 499 |
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611 | | - | partnership" has the same meaning as provided in [subsection (n) of] 500 |
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612 | | - | section 8-113a, as amended by this act. 501 |
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613 | | - | Sec. 11. Section 8-119l of the general statutes is repealed and the 502 |
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614 | | - | following is substituted in lieu thereof (Effective October 1, 2019): 503 |
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615 | | - | The state, acting by and through the Commissioner of Housing, 504 |
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616 | | - | may enter into a contract or contracts with an authority, a municipal 505 |
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617 | | - | developer, a nonprofit corporation or a housing partnership for state 506 |
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618 | | - | financial assistance in the form of a grant-in-aid for an operating cost 507 |
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619 | | - | subsidy for state-financed congregate housing projects developed 508 |
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620 | | - | pursuant to this part. In calculating the amount of the grant-in-aid, the 509 |
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621 | | - | commissioner shall use adjusted gross income of tenants. As used in 510 |
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622 | | - | this section, "adjusted gross income" means annual aggregate income 511 |
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623 | | - | from all sources minus fifty per cent of all unreimbursable medical 512 |
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624 | | - | expenses. As used in this section, "housing partnership" has the same 513 |
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625 | | - | meaning as provided in [subsection (n) of] section 8-113a, as amended 514 |
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626 | | - | by this act. 515 |
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| 303 | + | real property described [therein] in such resolution is necessary for 241 |
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| 304 | + | such purposes. An authority, in its own name and at its own expense 242 |
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| 305 | + | and cost, may prefer a petition and exercise the power of eminent 243 |
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| 306 | + | domain in the manner provided in section 48 -12 and acts 244 |
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| 307 | + | supplementary thereto, except that a housing authority's power of 245 |
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| 308 | + | eminent domain shall not extend to an expanded area of operation. 246 |
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| 309 | + | Property already devoted to a public use may be acquired, provided 247 |
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| 310 | + | no real property belonging to the municipality, the state or any 248 |
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| 311 | + | political subdivision thereof may be acquired without its consent. 249 |
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