LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067-R01- HB.docx 1 of 18 General Assembly Substitute Bill No. 7067 January Session, 2019 AN ACT CONCERNING HO USING AUTHORITY JURISDICTION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 8-39 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2019): 2 The following terms, wherever used or referred to in this chapter, 3 [shall] have the following respective meanings, unless a different 4 meaning clearly appears from the context: 5 (a) "Area of operation" [includes the municipality in which a 6 housing authority is created under the provisions of this chapter and 7 may include a neighboring municipality, provided the governing body 8 of such neighboring municipality agrees by proper resolution to the 9 extension of the area of operation to include such neighboring 10 municipality] means a municipal area of operation and, if adopted by a 11 housing authority, includes an expanded area of operation. 12 (b) "Authority" or "housing authority" means any of the public 13 corporations created by section 8-40, as amended by this act, and the 14 Connecticut Housing Authority when exercising the rights, powers, 15 duties or privileges of, or subject to the immunities or limitations of, 16 housing authorities pursuant to section 8-121. 17 (c) "Bonds" means any bonds, including refunding bonds, notes, 18 interim certificates, debentures or other obligations issued by the 19 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 2 of 18 authority pursuant to this chapter. 20 (d) "Clerk" means the clerk of the particular city, borough or town 21 for which a particular housing authority is created. 22 (e) "Eligible developer" or "developer" means (1) a nonprofit 23 corporation; (2) any business corporation incorporated pursuant to 24 chapter 601 or any predecessor statutes thereto, having as one of its 25 purposes the construction, rehabilitation, ownership or operation of 26 housing, and having articles of incorporation approved by the 27 commissioner in accordance with regulations adopted pursuant to 28 section 8-79a or 8-84; (3) any partnership, limited partnership, joint 29 venture, trust, limited liability company or association having as one of 30 its purposes the construction, rehabilitation, ownership or operation of 31 housing, and having basic documents of organization approved by the 32 commissioner in accordance with regulations adopted pursuant to 33 section 8-79a or 8-84; (4) a housing authority; (5) a family or person 34 approved by the commissioner as qualified to own, construct, 35 rehabilitate, manage and maintain housing under a mortgage loan 36 made or insured under an agreement entered into pursuant to the 37 provisions of this chapter; or (6) a municipal developer. 38 (f) "Expanded area of operation" means an area designated by the 39 Department of Housing pursuant to section 8-348 as a high or very 40 high opportunity census tract, provided any part of such census tract is 41 located within thirty miles of the municipality in which the housing 42 authority is located. 43 [(e)] (g) "Families of low income" means families who lack the 44 amount of income which is necessary, as determined by the authority 45 undertaking the housing project, to enable them, without financial 46 assistance, to live in decent, safe and sanitary dwellings, without 47 overcrowding. 48 [(f)] (h) "Families of low and moderate income" means families who 49 lack the amount of income which is necessary, as determined by the 50 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 3 of 18 Commissioner of Housing, to enable them to rent or purchase 51 moderate cost housing without financial assistance as provided by this 52 part and parts II and III of this chapter. 53 (i) "Family" means a household consisting of one or more persons. 54 [(g)] (j) "Federal government" includes the United States of America, 55 the federal emergency administration of public works or any other 56 agency or instrumentality, corporate or otherwise, of the United States 57 of America. 58 [(h)] (k) "Governing body" means, for towns having a town council, 59 the council; for other towns, the selectmen; for cities, the common 60 council or other similar body of officials; and for boroughs, the warden 61 and burgesses. 62 [(i)] (l) "Housing project" means any work or undertaking (1) to 63 demolish, clear or remove buildings from any slum area, which work 64 or undertaking may embrace the adaptation of such area to public 65 purposes, including parks or other recreational or community 66 purposes; or (2) to provide decent, safe and sanitary urban or rural 67 dwellings, apartments or other living accommodations for families of 68 low or moderate income, which work or undertaking may include 69 buildings, land, equipment, facilities and other real or personal 70 property for necessary, convenient or desirable appurtenances, streets, 71 sewers, water service, parks, site preparation, gardening, 72 administrative, community, recreational, commercial or welfare 73 purposes and may include the acquisition and rehabilitation of existing 74 dwelling units or structures to be used for moderate or low rental 75 units; or (3) to accomplish a combination of the foregoing. The term 76 "housing project" also may be applied to the planning of the buildings 77 and improvements, the acquisition of property, the demolition of 78 existing structures, the construction, reconstruction, alteration and 79 repair of the improvements and all other work in connection therewith 80 and may include the reconstruction, rehabilitation, alteration, or major 81 repair of existing buildings or improvements which were undertaken 82 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 4 of 18 pursuant to parts II and VI of this chapter. 83 [(j)] (m) "Mayor" means, for cities, the mayor and, for boroughs, the 84 warden. 85 [(k)] (n) "Moderate rental" means a rental which, as determined by 86 an authority with the concurrence of the Commissioner of Housing, is 87 below the level at which private enterprise is currently building a 88 needed volume of safe and sanitary dwellings for rental in the locality 89 involved; and "moderate rental housing project" means a housing 90 project, receiving state aid in the form of loans or grants, for families 91 unable to pay more than moderate rental. Such project may include the 92 reconstruction, rehabilitation, alteration, or major repair of existing 93 buildings or improvements which were undertaken pursuant to parts 94 II or VI of this chapter. 95 (o) "Mortgage" means a mortgage deed, deed of trust, or other 96 instrument which shall constitute a lien, whether first or second, on 97 real estate or on a leasehold under a lease having a remaining term, at 98 the time such mortgage is acquired, which does not expire for at least 99 that number of years beyond the maturity date of the obligation 100 secured by such mortgage as is equal to the number of years remaining 101 until the maturity date of such obligation. 102 (p) "Municipal area of operation" includes the municipality in which 103 a housing authority is created under the provisions of this chapter, and 104 may include a neighboring municipality, as provided in section 8-40, 105 as amended by this act. 106 (q) "Municipal developer" means a municipality which has not 107 declared by resolution a need for a housing authority pursuant to 108 section 8-40, as amended by this act, acting by and through its 109 legislative body, except that in any town in which a town meeting or 110 representative town meeting is the legislative body, "municipal 111 developer" means the board of selectmen if such board is authorized to 112 act as the municipal developer by the town meeting or representative 113 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 5 of 18 town meeting. 114 [(l)] (r) "Municipality" means any city, borough or town. "The 115 municipality" means the particular municipality for which a particular 116 housing authority is created. 117 (s) "Nonprofit corporation" means a nonprofit corporation 118 incorporated pursuant to chapter 602 or any predecessor statutes 119 thereto, having as one of its purposes the construction, rehabilitation, 120 ownership or operation of housing and having articles of incorporation 121 approved by the Commissioner of Housing in accordance with 122 regulations adopted pursuant to section 8-79a or 8-84. 123 [(m)] (t) "Obligee of the authority" or "obligee" includes any 124 bondholder, trustee or trustees for any bondholders, or lessor 125 demising to the authority property used in connection with a housing 126 project, or any assignee or assignees of such lessor's interest or any 127 part thereof, and the state or federal government when it is a party to 128 any contract with the authority. 129 [(n)] (u) "Real property" includes all lands, including improvements 130 and fixtures thereon, and property of any nature appurtenant thereto, 131 or used in connection therewith, and every estate, interest and right, 132 legal or equitable, therein, including terms for years and liens by way 133 of judgment, mortgage or otherwise and the indebtedness secured by 134 such liens. 135 [(o)] (v) "Rent" means the entire amount paid to an authority for any 136 dwelling unit. 137 [(p)] (w) "Shelter rent" means rent less any charges made by an 138 authority for water, heat, gas and electricity. 139 [(q)] (x) "Slum" means any area where dwellings predominate 140 which, by reason of dilapidation, overcrowding, faulty arrangement or 141 design, lack of ventilation, light or sanitary facilities, or any 142 combination of these factors, are detrimental to safety, health and 143 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 6 of 18 morals. 144 [(r)] (y) "State public body" means any city, borough, town, 145 municipal corporation, district or other subdivision of the state. 146 [(s)] (z) "Veteran" has the meaning assigned by section 27-103 and 147 includes any officer of the United States Public Health Service detailed 148 by proper authority to duty with any of the armed forces and the 149 spouse or widow or widower of such veteran, provided such veteran 150 shall have served for a period of ninety days or more in time of war 151 after December 7, 1941, and shall have resided in this state at any time 152 continuously for two years. 153 [(t) "Family" means a household consisting of one or more persons. 154 (u) "Eligible developer" or "developer" means (1) a nonprofit 155 corporation; (2) any business corporation incorporated pursuant to 156 chapter 601 or any predecessor statutes thereto, having as one of its 157 purposes the construction, rehabilitation, ownership or operation of 158 housing, and having articles of incorporation approved by the 159 commissioner in accordance with regulations adopted pursuant to 160 section 8-79a or 8-84; (3) any partnership, limited partnership, joint 161 venture, trust, limited liability company or association having as one of 162 its purposes the construction, rehabilitation, ownership or operation of 163 housing, and having basic documents of organization approved by the 164 commissioner in accordance with regulations adopted pursuant to 165 section 8-79a or 8-84; (4) a housing authority; (5) a family or person 166 approved by the commissioner as qualified to own, construct, 167 rehabilitate, manage and maintain housing under a mortgage loan 168 made or insured under an agreement entered into pursuant to the 169 provisions of this chapter; or (6) a municipal developer. 170 (v) "Mortgage" means a mortgage deed, deed of trust, or other 171 instrument which shall constitute a lien, whether first or second, on 172 real estate or on a leasehold under a lease having a remaining term, at 173 the time such mortgage is acquired, which does not expire for at least 174 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 7 of 18 that number of years beyond the maturity date of the obligation 175 secured by such mortgage as is equal to the number of years remaining 176 until the maturity date of such obligation. 177 (w) "Nonprofit corporation" means a nonprofit corporation 178 incorporated pursuant to chapter 602 or any predecessor statutes 179 thereto, having as one of its purposes the construction, rehabilitation, 180 ownership or operation of housing and having articles of incorporation 181 approved by the Commissioner of Housing in accordance with 182 regulations adopted pursuant to section 8-79a or 8-84. 183 (x) "Municipal developer" means a municipality, as defined in 184 subsection (l) of this section, which has not declared by resolution a 185 need for a housing authority pursuant to section 8-40, acting by and 186 through its legislative body, except that in any town in which a town 187 meeting or representative town meeting is the legislative body, 188 "municipal developer" means the board of selectmen if such board is 189 authorized to act as the municipal developer by the town meeting or 190 representative town meeting.] 191 Sec. 2. Section 8-40 of the general statutes is repealed and the 192 following is substituted in lieu thereof (Effective October 1, 2019): 193 (a) In each municipality of the state there is created a public body 194 corporate and politic to be known as the "housing authority" of the 195 municipality; provided such authority shall not transact any business 196 or exercise its powers [hereunder] under this section until the 197 governing body of the municipality by resolution declares that there is 198 need for a housing authority in the municipality, provided it shall find 199 (1) that insanitary or unsafe inhabited dwelling accommodations exist 200 in the municipality or (2) that there is a shortage of safe or sanitary 201 dwelling accommodations in the municipality available to families of 202 low income at rentals they can afford, or (3) that there is a shortage of 203 safe or sanitary dwelling accommodations in the municipality 204 available to families of moderate income at rentals they can afford. In 205 determining whether dwelling accommodations are unsafe or 206 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 8 of 18 insanitary, [said] such governing body may take into consideration the 207 degree of overcrowding, the percentage of land coverage, the light, air, 208 space and access available to the inhabitants of such dwelling 209 accommodations, the size and arrangement of the rooms, the sanitary 210 facilities and the extent to which conditions exist in such buildings 211 which endanger life or property by fire or other causes. 212 (b) The governing bodies of two or more municipalities may create a 213 regional housing authority, which shall have all the powers, duties and 214 responsibilities conferred upon housing authorities by this chapter and 215 chapter 130. The area of operation of such authority shall include the 216 municipalities for which such authority is created, provided, in the 217 case of a municipal area of operation that includes a neighboring 218 municipality, the neighboring municipality agrees by proper 219 resolution to the expansion of the area of operation to include such 220 neighboring municipality. Such authority shall act through a board of 221 commissioners composed of two rep resentatives from each 222 municipality appointed for terms of four years in the manner provided 223 in section 8-41. 224 (c) Any housing authority may adopt an expanded area of 225 operation. 226 Sec. 3. Section 8-44b of the general statutes is repealed and the 227 following is substituted in lieu thereof (Effective October 1, 2019): 228 (a) Any housing authority created by section 8-40, as amended by 229 this act, shall have the power to establish and maintain a housing 230 authority police force, [the] except that no housing authority shall have 231 the power to establish or maintain a housing authority police force in 232 an expanded area of operation. The members of [which] any such 233 police force shall be employees of such housing authority and shall be 234 known as housing authority police officers. Housing authority police 235 officers shall be appointed by the local board, agency or person 236 empowered to appoint municipal police officers, subject to approval of 237 the housing authority. The requirements for appointment as a police 238 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 9 of 18 officer in the municipality in which the housing authority is located, 239 except for age and physical qualifications, shall be mandatory for 240 housing authority police officers in such municipality. No person shall 241 be appointed to such housing authority police force unless [he] such 242 person has been awarded a certificate attesting to [his] such person's 243 successful completion of an approved municipal police basic training 244 program, as provided in section 7-294e. The initial appointment shall 245 be for a probationary term upon completion of which the appointing 246 authority may promote such probationary officers to permanent status; 247 provided such promotion shall be in accordance with procedures 248 applicable to municipal police officers in the municipality and shall be 249 made subject to the approval of the housing authority. Housing 250 authority police officers shall have and exercise the powers and 251 authority conferred upon municipal police officers and shall be subject 252 to the ultimate supervision and control of the chief of police of the 253 municipality in which the housing authority operates. 254 (b) Notwithstanding the provisions of subsection (a) of this section, 255 any housing authority police force which existed prior to October 1, 256 1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 257 Demonstration Cities and Metropolitan Development Act of 1966, and 258 which, for any reason, does not constitute a housing authority police 259 force pursuant to subsection (a) of this section, shall constitute a 260 housing authority police force pursuant to this subsection and the 261 members of such police [forces] force may exercise the powers granted 262 to such members pursuant to this subsection. The members of such 263 police force may act, at the expense of the municipality, as special 264 police officers upon property owned or managed by any housing 265 authority. Such special police officers: (1) May arrest, without previous 266 complaint and warrant, any person for any offense in their jurisdiction, 267 when such person is taken or apprehended in the act or on the speedy 268 information of others; (2) when in the immediate pursuit of one who 269 may be arrested under the provisions of this subsection, may pursue 270 such offender outside of their jurisdiction into any part of the 271 municipality to effect an arrest; (3) shall be peace officers, as defined in 272 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 10 of 18 subdivision (9) of section 53a-3; (4) shall have the authority to serve 273 criminal process within their jurisdiction; (5) shall, when on duty, wear 274 a uniform, distinct in color from that worn by the police officers of the 275 municipality; (6) shall, when on duty, wear in plain view a shield, 276 distinct in shape from that worn by the police officers of the 277 municipality which shall bear the words "special police"; (7) shall 278 complete a forty-hour basic training program provided by the 279 municipality within one hundred eighty days of June 27, 1983; and (8) 280 shall take an oath of office. 281 Sec. 4. Section 8-50 of the general statutes is repealed and the 282 following is substituted in lieu thereof (Effective October 1, 2019): 283 An authority shall have the right to acquire by the exercise of the 284 power of eminent domain any real property which it deems necessary 285 for its purposes under this chapter, provided such real property is not 286 located in an expanded area of operation, after the adoption by [it] 287 such authority of a resolution declaring that the acquisition of such 288 real property described [therein] in such resolution is necessary for 289 such purposes. An authority, in its own name and at its own expense 290 and cost, may prefer a petition and exercise the power of eminent 291 domain in the manner provided in section 48 -12 and acts 292 supplementary thereto, except that a housing authority's power of 293 eminent domain shall not extend to an expanded area of operation. 294 Property already devoted to a public use may be acquired, provided 295 no real property belonging to the municipality, the state or any 296 political subdivision thereof may be acquired without its consent. 297 Sec. 5. Section 8-389 of the general statutes is repealed and the 298 following is substituted in lieu thereof (Effective October 1, 2019): 299 Upon the incorporation of a successfully negotiated regional fair 300 housing compact into a regional plan of conservation and 301 development by a regional planning agency pursuant to section 8-386, 302 the Commissioner of Housing and the Connecticut Housing Authority 303 may give priority to any application for financial or technical 304 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 11 of 18 assistance made by a municipality, housing authority or eligible 305 developer as defined in [subsection (u) of] section 8-39, as amended by 306 this act, in connection with any project located in a municipality which 307 has approved the regional fair housing compact pursuant to section 8-308 386. 309 Sec. 6. Subsection (i) of section 12-631 of the general statutes is 310 repealed and the following is substituted in lieu thereof (Effective 311 October 1, 2019): 312 (i) "Families of low and moderate income" means families meeting 313 the criteria for designation as families of low and moderate income 314 established by the Commissioner of Housing pursuant to subsection 315 [(f)] (h) of section 8-39, as amended by this act. 316 Sec. 7. Section 8-113a of the general statutes is repealed and the 317 following is substituted in lieu thereof (Effective October 1, 2019): 318 The following terms, wherever used or referred to in this part, 319 [shall] have the following respective meanings, unless a different 320 meaning clearly appears from the context: 321 (a) "Authority" or "housing authority" means any of the public 322 corporations created by section 8-40, as amended by this act. 323 [(b) "Municipality" means any city, borough or town. "The 324 municipality" means the particular municipality for which a particular 325 housing authority is created. 326 (c) "Governing body" means, for towns having a town council, the 327 council; for other towns, the selectmen; for cities, the common council 328 or other similar body of officials; and for boroughs, the warden and 329 burgesses. 330 (d) "Mayor" means, for cities, the mayor, and, for boroughs, the 331 warden. "Clerk" means the clerk of the particular city, borough or town 332 for which a particular housing authority is created. 333 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 12 of 18 (e) "Area of operation" shall include the municipality in which a 334 housing authority is created under the provisions of this chapter, and 335 may include a neighboring municipality, provided the governing body 336 of such neighboring municipality shall agree by proper resolution to 337 the extension of the area of operation to include such neighboring 338 municipality.] 339 (b) "Bonds" means any bonds, notes, interim certificates, certificates 340 of indebtedness, debentures or other obligations issued by the 341 authority pursuant to this chapter. 342 (c) "Elderly persons" means persons sixty-two years of age and over 343 who lack the amount of income which is necessary, as determined by 344 the authority or nonprofit corporation, subject to approval by the 345 Commissioner of Housing, to enable them to live in decent, safe and 346 sanitary dwellings without financial assistance as provided under this 347 part, or persons who have been certified by the Social Security Board 348 as being totally disabled under the federal Social Security Act or 349 certified by any other federal board or agency as being totally disabled. 350 (d) "Housing partnership" means any partnership, limited 351 partnership, joint venture, trust or association consisting of (1) a 352 housing authority, a nonprofit corporation or both, and (2) (A) a 353 business corporation incorporated pursuant to chapter 601 or any 354 predecessor statutes thereto, having as one of its purposes the 355 construction, rehabilitation, ownership or operation of housing, and 356 having articles of incorporation approved by the commissioner in 357 accordance with regulations adopted pursuant to section 8-79a or 8-84, 358 (B) a for-profit partnership, limited partnership, joint venture, trust, 359 limited liability company or association having as one of its purposes 360 the construction, rehabilitation, ownership or operation of housing, 361 and having basic documents of organization approved by the 362 commissioner in accordance with regulations adopted pursuant to 363 section 8-79a or 8-84, or (C) any combination of the entities included 364 under subparagraphs (A) and (B) of this subdivision. 365 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 13 of 18 [(f)] (e) "Housing project" means any work or undertaking (1) to 366 demolish, clear or remove buildings from any slum area, which work 367 or undertaking may embrace the adaptation of such area to public 368 purposes, including parks or other recreational or community 369 purposes; (2) to provide decent, safe and sanitary urban or rural 370 dwellings, apartments or other living accommodations for elderly 371 persons, which work or undertaking may include buildings, land, 372 equipment, facilities and other real or personal property for necessary, 373 convenient or desirable appurtenances, streets, sewers, water service, 374 parks, site preparation, gardening, administrative, community, 375 recreational or welfare purposes; (3) to provide a continuum of 376 housing comprising independent living accommodations, residential 377 care, intermediate housing facilities and skilled nursing care and 378 facilities with ready access to medical and hospital services; or (4) to 379 accomplish a combination of the foregoing. The term "housing project" 380 also may be applied to the planning of the buildings and 381 improvements, the acquisition of property, the demolition of existing 382 structures, the construction, reconstruction, alteration and repair of the 383 improvements and all other work in connection therewith. 384 [(g) "Bonds" means any bonds, notes, interim certificates, certificates 385 of indebtedness, debentures or other obligations issued by the 386 authority pursuant to this chapter. 387 (h) "Real property" shall include all lands, including improvements 388 and fixtures thereon, and property of any nature appurtenant thereto, 389 or used in connection therewith, and every estate, interest and right, 390 legal or equitable, therein, including terms for years and liens by way 391 of judgment, mortgage or otherwise and the indebtedness secured by 392 such liens. 393 (i) "Obligee of the authority" or "obligee" shall include any 394 bondholder, trustee or trustees for any bondholders, or lessor 395 demising to the authority property used in connection with a housing 396 project, or any assignee or assignees of such lessor's interest or any 397 part thereof, and the state government when it is a party to any 398 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 14 of 18 contract with the authority. 399 (j) "State public body" means any city, borough, town, municipal 400 corporation, district or other subdivision of the state.] 401 [(k)] (f) "Rent" means the entire amount paid to a local authority, 402 nonprofit corporation or housing partnership for any dwelling unit. 403 [(l)] (g) "Shelter rent" means ["rent" as defined herein] rent, less any 404 charges made by a local authority, nonprofit corporation or housing 405 partnership for water, heat, gas, electricity and sewer use charges. 406 [(m) "Elderly persons" means persons sixty-two years of age and 407 over who lack the amount of income which is necessary, as determined 408 by the authority or nonprofit corporation, subject to approval by the 409 Commissioner of Housing, to enable them to live in decent, safe and 410 sanitary dwellings without financial assistance as provided under this 411 part, or persons who have been certified by the Social Security Board 412 as being totally disabled under the federal Social Security Act or 413 certified by any other federal board or agency as being totally disabled. 414 (n) "Housing partnership" means any partnership, limited 415 partnership, joint venture, trust or association consisting of (1) a 416 housing authority, a nonprofit corporation or both and (2) (A) a 417 business corporation incorporated pursuant to chapter 601 or any 418 predecessor statutes thereto, having as one of its purposes the 419 construction, rehabilitation, ownership or operation of housing, and 420 having articles of incorporation approved by the commissioner in 421 accordance with regulations adopted pursuant to section 8-79a or 8-84, 422 (B) a for-profit partnership, limited partnership, joint venture, trust, 423 limited liability company or association having as one of its purposes 424 the construction, rehabilitation, ownership or operation of housing, 425 and having basic documents of organization approved by the 426 commissioner in accordance with regulations adopted pursuant to 427 section 8-79a or 8-84 or (C) any combination of the entities included 428 under subparagraphs (A) and (B) of this subdivision.] 429 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 15 of 18 Sec. 8. Subsection (a) of section 8-116c of the general statutes is 430 repealed and the following is substituted in lieu thereof (Effective 431 October 1, 2019): 432 (a) An elderly person [, as defined in subsection (m) of section 8-433 113a,] shall not be eligible to move into a housing project [, as defined 434 in subsection (f) of section 8-113a,] if the person (1) is currently using 435 illegal drugs, (2) is currently abusing alcohol and has a recent history 436 of disruptive or dangerous behavior and whose tenancy (A) would 437 constitute a direct threat to the health or safety of another individual or 438 (B) would result in substantial physical damage to the property of 439 another, (3) has a recent history of disruptive or dangerous behavior 440 and whose tenancy (A) would constitute a direct threat to the health 441 and safety of another individual or (B) would result in substantial 442 physical damage to the property of another, or (4) was convicted of the 443 illegal sale or possession of a controlled substance, as defined in 444 section 21a-240, within the prior twenty-four-month period. 445 Sec. 9. Section 8-116d of the general statutes is repealed and the 446 following is substituted in lieu thereof (Effective October 1, 2019): 447 Any elderly person [, as defined in subsection (m) of section 8-113a,] 448 who applies for and is accepted for admission to a housing project 449 pursuant to this part or part VII of this chapter or pursuant to any 450 other state or federal housing assistance program may terminate the 451 lease or rental agreement for the dwelling unit that he or she occupies 452 at the time of such acceptance, without the penalty or liability for the 453 remaining term of the lease or rental agreement, upon giving thirty 454 days' written notice to the landlord of such dwelling unit. 455 Sec. 10. Section 8-119h of the general statutes is repealed and the 456 following is substituted in lieu thereof (Effective October 1, 2019): 457 Upon preliminary approval by the State Bond Commissi on 458 pursuant to the provisions of section 3-20, the state, acting by and 459 through the Commissioner of Housing, may enter into a contract or 460 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 16 of 18 contracts with an authority, a municipal developer, a nonprofit 461 corporation or a housing partnership for state financial assistance for a 462 congregate housing project, in the form of capital grants, interim loans, 463 permanent loans, deferred loans or any combination thereof for 464 application to the development cost of such project or projects. A 465 contract with an authority, a municipal developer, a nonprofit 466 corporation or a housing partnership may provide that in the case of 467 any loan made in conjunction with any housing assistance funds 468 provided by an agency of the United States government, if such 469 housing assistance funds terminate prior to complete repayment of a 470 loan made pursuant to this section, the remaining balance of such loan 471 may be converted to a capital grant or decreased loan. Any such state 472 assistance contract with an authority, a municipal developer, a 473 nonprofit corporation or a housing partnership for a capital grant or 474 loan entered into prior to the time housing assistance funds became 475 available from an agency of the United States government, may, upon 476 the mutual consent of the commissioner and the authority, municipal 477 developer, nonprofit corporation or housing partnership, be 478 renegotiated to provide for a loan or increased loan in the place of a 479 capital grant or loan or a part thereof, consistent with the above 480 conditions. Such capital grants or loans shall be in an amount not in 481 excess of the development cost of the project or projects, including, in 482 the case of grants or loans financed from the proceeds of the state's 483 general obligation bonds issued pursuant to any authorization, 484 allocation or approval of the State Bond Commission made prior to 485 July 1, 1990, administrative or other cost or expense to be incurred by 486 the state in connection therewith, as approved by said commissioner. 487 In anticipation of final payment of such capital grants or loans, the 488 state, acting by and through said commissioner and in accordance with 489 such contract, may make temporary advances to the authority, 490 municipal developer, nonprofit corporation or housing partnership for 491 preliminary planning expense or other development cost of such 492 project or projects. Any loan provided pursuant to this section shall 493 bear interest at a rate to be determined in accordance with subsection 494 (t) of section 3-20. Any such authority, municipal developer, nonprofit 495 Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 17 of 18 corporation or housing partnership may, subject to the approval of the 496 Commissioner of Housing, contract with any other person approved 497 by the Commissioner of Housing for the operation of a project 498 undertaken pursuant to this part. As used in this section, "housing 499 partnership" has the same meaning as provided in [subsection (n) of] 500 section 8-113a, as amended by this act. 501 Sec. 11. Section 8-119l of the general statutes is repealed and the 502 following is substituted in lieu thereof (Effective October 1, 2019): 503 The state, acting by and through the Commissioner of Housing, 504 may enter into a contract or contracts with an authority, a municipal 505 developer, a nonprofit corporation or a housing partnership for state 506 financial assistance in the form of a grant-in-aid for an operating cost 507 subsidy for state-financed congregate housing projects developed 508 pursuant to this part. In calculating the amount of the grant-in-aid, the 509 commissioner shall use adjusted gross income of tenants. As used in 510 this section, "adjusted gross income" means annual aggregate income 511 from all sources minus fifty per cent of all unreimbursable medical 512 expenses. As used in this section, "housing partnership" has the same 513 meaning as provided in [subsection (n) of] section 8-113a, as amended 514 by this act. 515 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019 8-39 Sec. 2 October 1, 2019 8-40 Sec. 3 October 1, 2019 8-44b Sec. 4 October 1, 2019 8-50 Sec. 5 October 1, 2019 8-389 Sec. 6 October 1, 2019 12-631(i) Sec. 7 October 1, 2019 8-113a Sec. 8 October 1, 2019 8-116c(a) Sec. 9 October 1, 2019 8-116d Sec. 10 October 1, 2019 8-119h Sec. 11 October 1, 2019 8-119l Substitute Bill No. 7067 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07067- R01-HB.docx } 18 of 18 HSG Joint Favorable Subst.