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General Assembly Raised Bill No. 7318
January Session, 2019
LCO No. 5295
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING RE VISIONS TO THE UNIFORM RELOCATION
ASSISTANCE ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-268 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) Whenever a program or project undertaken by a state agency or 3
under the supervision of a state agency will result in the permanent 4
displacement of any person on or after [July 6, 1971] the effective date 5
of this section, the head of such state agency shall make payment to 6
any displaced person, upon proper application as approved by such 7
agency head, for (1) actual reasonable expenses in moving [himself, his 8
family,] such person and such person's family and such person's 9
business, farm operation or other personal property, (2) actual direct 10
losses of tangible personal property as a result of moving or 11
discontinuing a business or farm operation, but not to exceed an 12
amount equal to the reasonable expenses that would have been 13
required to relocate such property, as determined by the state agency, 14
and (3) actual reasonable expenses in searching for a replacement 15 Raised Bill No. 7318
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business or farm, provided, whenever any tenant in any dwelling unit 16
is so displaced as the result of the enforcement of any code to which 17
this section is applicable by any town, city or borough or agency 18
thereof, the landlord of such dwelling unit shall be liable for any 19
payments made by such town, city or borough pursuant to this section 20
or by the state pursuant to subsection (b) of section 8-280, and the 21
town, city or borough or the state may place a lien on any real property 22
owned by such landlord to secure repayment to the town, city or 23
borough or the state of such payments, which lien shall have the same 24
priority as and shall be filed, enforced and discharged in the same 25
manner as a lien for municipal taxes under chapter 205. 26
(b) Notwithstanding the provisions of subsection (a) of this section, 27
whenever any tenant in any dwelling unit is displaced for a period of 28
not more than thirty days as the result of the enforcement of any code 29
to which this section is applicable by any town, city or borough or 30
agency thereof, such town, city or borough or agency shall make 31
payment to such tenant, upon proper application as approved by the 32
chief executive officer of such town, city or borough or agency head, 33
for actual reasonable expenses for alternative temporary housing 34
during the period of such displacement, provided such period shall 35
not exceed thirty days. The landlord of such dwelling unit shall be 36
liable for any payments made by such town, city or borough or agency 37
pursuant to this subsection, and the town, city or borough may place a 38
lien on any real property owned by such landlord to secure repayment 39
to the town, city or borough or agency, which lien shall have the same 40
priority as and shall be filed, enforced and discharged in the same 41
manner as a lien for municipal taxes under chapter 205. 42
[(b)] (c) Any displaced person eligible for payments under 43
subsection (a) of this section who is displaced from a dwelling and 44
who elects to accept the payments authorized by this subsection in lieu 45
of the payments authorized by subsection (a) of this section may 46
receive a moving expense allowance, determined according to a 47
schedule established by the state agency, not to exceed three hundred 48
dollars and a dislocation allowance of two hundred dollars. 49 Raised Bill No. 7318
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[(c)] (d) Any displaced person eligible for payments under 50
subsection (a) of this section who is displaced from the person's place 51
of business or from the person's farm operation and who elects to 52
accept the payment authorized by this subsection in lieu of the 53
payment authorized by subsection (a) of this section, may receive a 54
fixed payment in an amount equal to the average annual net earnings 55
of the business or farm operation, except that such payment shall not 56
be less than two thousand five hundred dollars nor more than ten 57
thousand dollars. In the case of a business no payment shall be made 58
under this subsection unless the state agency is satisfied that the 59
business (1) cannot be relocated without a substantial loss of its 60
existing patronage, and (2) is not a part of a commercial enterprise 61
having at least one other establishment not being acquired by the state, 62
which is engaged in the same or similar business. For purposes of this 63
subsection, "average annual net earnings" means one half of any net 64
earnings of the business or farm operation, before federal, state and 65
local income taxes, during the two taxable years immediately 66
preceding the taxable year in which such business or farm operation 67
moves from the real property acquired for such project, or during such 68
other period as such agency determines to be more equitable for 69
establishing such earnings, and includes any compensation paid by the 70
business or farm operation to the owner, the owner's spouse or the 71
owner's dependents during such period. 72
[(d)] (e) Notwithstanding the provisions of this section, in the case 73
of displacement of a person on or after October 1, 2007, because of 74
acquisition of real property by a redevelopment agency pursuant to 75
section 8-128, a development agency pursuant to section 8-193, or an 76
implementing agency pursuant to section 32-224, pursuant to a 77
redevelopment plan approved under chapter 130 or a development 78
plan approved under chapter 132 or 588l, the agency shall make 79
relocation payments as provided under the federal Uniform Relocation 80
Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 81
4601 et seq. and any subsequent amendments thereto and regulations 82
promulgated thereunder if payments under said act and regulations 83 Raised Bill No. 7318
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would be greater than payments under this section and sections 8-269 84
and 8-270. 85
Sec. 2. Subdivision (3) of section 8-267 of the general statutes is 86
repealed and the following is substituted in lieu thereof (Effective July 87
1, 2019): 88
(3) "Displaced person" means (A) any person who, on or after [July 89
6, 1971] the effective date of this section, moves from real property, or 90
moves his or her personal property from real property, as a result of 91
the acquisition of such real property, in whole or in part, or as the 92
result of the written order of the acquiring agency to vacate real 93
property, for a program or project undertaken by or supervised by a 94
state agency or unit of local government and solely for the purposes of 95
subsections (a) and [(b)] (c) of section 8-268, as amended by this act, 96
and section 8-271 as a result of the acquisition of or as a result of the 97
written order of the acquiring agency to vacate other real property, on 98
which such person conducts a business or farm operation, for such 99
program or project; or (B) any person who so moves as the direct result 100
of code enforcement activities or a program of rehabilitation of 101
buildings pursuant to such governmental program or under such 102
governmental supervision, except a business which moves from real 103
property or which moves its personal property from real property 104
acquired by a state agency when such move occurs at the end of a lease 105
term or as a result of eviction for nonpayment of rent, provided the 106
state agency acquired the property at least ten years before the move; 107
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 8-268
Sec. 2 July 1, 2019 8-267(3)
Statement of Purpose:
To clarify that the provisions of the Uniform Relocation Assistance Act
apply to instances where a program or project undertaken by a state
agency results in permanent displacement, and to provide for certain Raised Bill No. 7318
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requirements when enforcement of a town code results in the
displacement of a tenant for thirty days or less.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]