LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00054-R02-
SB.docx
1 of 3
General Assembly Substitute Bill No. 54
January Session, 2019
AN ACT CONCERNING A LANDLORD'S ABILITY TO REVIEW
CRIMINAL RECORDS REL ATING TO A PROSPECTIVE TENANT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) Not later than January 1
1, 2020, the Commissioner of Housing shall adopt regulations in 2
accordance with the provisions of chapter 54 of the general statutes, to 3
establish a limited time period, immediately preceding a rental 4
application, during which a landlord, as defined in section 47a-1 of the 5
general statutes, or agent of such landlord may consider the criminal 6
record of a prospective tenant, as defined in section 47a-1 of the 7
general statutes, to evaluate the housing application of such 8
prospective tenant. 9
(b) Any landlord or agent of such landlord who rents to a tenant in 10
accordance with the regulations adopted under subsection (a) of this 11
section shall be immune from any civil liability for any damage or 12
injury arising from any subsequent criminal act of such tenant, unless 13
such landlord or agent of such landlord was a conspirator, accomplice 14
or otherwise compliant in such criminal act. 15
Sec. 2. Section 8-45a of the general statutes is repealed and the 16
following is substituted in lieu thereof (Effective January 1, 2020): 17
A housing authority, as defined in subsection (b) of section 8-39, in 18 Substitute Bill No. 54
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00054-
R02-SB.docx }
2 of 3
determining eligibility for the rental of public housing units, may 19
establish criteria and consider relevant information concerning (1) an 20
applicant's or any proposed occupant's history of criminal activity, 21
during the time period established by the Commissioner of Housing in 22
regulations adopted under section 1 of this act, involving: (A) Crimes 23
of physical violence to persons or property, (B) crimes involving the 24
illegal manufacture, sale, distribution or use of, or possession with 25
intent to manufacture, sell, use or distribute, a controlled substance, as 26
defined in section 21a-240, or (C) other criminal acts which would 27
adversely affect the health, safety or welfare of other tenants, (2) an 28
applicant's or any proposed occupant's abuse, or pattern of abuse, of 29
alcohol when the housing authority has reasonable cause to believe 30
that such applicant's or proposed occupant's abuse, or pattern of 31
abuse, of alcohol may interfere with the health, safety or right to 32
peaceful enjoyment of the premises by other residents, and (3) an 33
applicant or any proposed occupant who is subject to a lifetime 34
registration requirement under section 54-252 on account of being 35
convicted or found not guilty by reason of mental disease or defect of a 36
sexually violent offense. In evaluating any such information, the 37
housing authority shall give consideration to the time, nature and 38
extent of the applicant's or proposed occupant's conduct and to factors 39
which might indicate a reasonable probability of favorable future 40
conduct, such as evidence of rehabilitation and evidence of the 41
willingness of the applicant, the applicant's family or the proposed 42
occupant to participate in social service or other appropriate 43
counseling programs and the availability of such programs. 44
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
Sec. 2 January 1, 2020 8-45a
Substitute Bill No. 54
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00054-
R02-SB.docx }
3 of 3
Statement of Legislative Commissioners:
In Section 1, "agent of such landlord" was added for consistency and in
Section 2, the effective date was changed to January 1, 2020, for
internal consistency.
HSG Joint Favorable Subst.