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Connecticut Senate Bill SB00054

Connecticut 2019 Regular Session

Connecticut Senate Bill SB00054 Compare Versions

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7-General Assembly Substitute Bill No. 54
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6+General Assembly Committee Bill No. 54
87 January Session, 2019
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11+Referred to Committee on HOUSING
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13+
14+Introduced by:
15+(HSG)
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1419 AN ACT CONCERNING A LANDLORD'S ABILITY TO REVIEW
1520 CRIMINAL RECORDS REL ATING TO A PROSPECTIVE TENANT.
1621 Be it enacted by the Senate and House of Representatives in General
1722 Assembly convened:
1823
19-Section 1. (NEW) (Effective October 1, 2019) (a) Not later than January 1
20-1, 2020, the Commissioner of Housing shall adopt regulations in 2
21-accordance with the provisions of chapter 54 of the general statutes, to 3
24+Section 1. (NEW) (Effective October 1, 2019) Not later than January 1, 1
25+2020, the Commissioner of Housing shall, by regulations adopted in 2
26+accordance with the provisions of chapter 54 of the general statutes, 3
2227 establish a limited time period, immediately preceding a rental 4
2328 application, during which a landlord, as defined in section 47a-1 of the 5
24-general statutes, or agent of such landlord may consider the criminal 6
25-record of a prospective tenant, as defined in section 47a-1 of the 7
26-general statutes, to evaluate the housing application of such 8
27-prospective tenant. 9
28-(b) Any landlord or agent of such landlord who rents to a tenant in 10
29-accordance with the regulations adopted under subsection (a) of this 11
30-section shall be immune from any civil liability for any damage or 12
31-injury arising from any subsequent criminal act of such tenant, unless 13
32-such landlord or agent of such landlord was a conspirator, accomplice 14
33-or otherwise compliant in such criminal act. 15
34-Sec. 2. Section 8-45a of the general statutes is repealed and the 16
35-following is substituted in lieu thereof (Effective January 1, 2020): 17
36-A housing authority, as defined in subsection (b) of section 8-39, in 18 Substitute Bill No. 54
29+general statutes, may consider the criminal record of a prospective 6
30+tenant, as defined in section 47a-1 of the general statutes, to evaluate 7
31+the housing application of such prospective tenant. 8
32+Sec. 2. Section 8-45a of the general statutes is repealed and the 9
33+following is substituted in lieu thereof (Effective October 1, 2019): 10
34+A housing authority, as defined in subsection (b) of section 8-39, in 11
35+determining eligibility for the rental of public housing units, may 12
36+establish criteria and consider relevant information concerning (1) an 13
37+applicant's or any proposed occupant's history of criminal activity, 14
38+during the time period established by the Commissioner of Housing in 15
39+Committee Bill No. 54
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43-determining eligibility for the rental of public housing units, may 19
44-establish criteria and consider relevant information concerning (1) an 20
45-applicant's or any proposed occupant's history of criminal activity, 21
46-during the time period established by the Commissioner of Housing in 22
47-regulations adopted under section 1 of this act, involving: (A) Crimes 23
48-of physical violence to persons or property, (B) crimes involving the 24
49-illegal manufacture, sale, distribution or use of, or possession with 25
50-intent to manufacture, sell, use or distribute, a controlled substance, as 26
51-defined in section 21a-240, or (C) other criminal acts which would 27
52-adversely affect the health, safety or welfare of other tenants, (2) an 28
53-applicant's or any proposed occupant's abuse, or pattern of abuse, of 29
54-alcohol when the housing authority has reasonable cause to believe 30
55-that such applicant's or proposed occupant's abuse, or pattern of 31
56-abuse, of alcohol may interfere with the health, safety or right to 32
57-peaceful enjoyment of the premises by other residents, and (3) an 33
58-applicant or any proposed occupant who is subject to a lifetime 34
59-registration requirement under section 54-252 on account of being 35
60-convicted or found not guilty by reason of mental disease or defect of a 36
61-sexually violent offense. In evaluating any such information, the 37
62-housing authority shall give consideration to the time, nature and 38
63-extent of the applicant's or proposed occupant's conduct and to factors 39
64-which might indicate a reasonable probability of favorable future 40
65-conduct, such as evidence of rehabilitation and evidence of the 41
66-willingness of the applicant, the applicant's family or the proposed 42
67-occupant to participate in social service or other appropriate 43
68-counseling programs and the availability of such programs. 44
44+regulations adopted under section 1 of this act, involving: (A) Crimes 16
45+of physical violence to persons or property, (B) crimes involving the 17
46+illegal manufacture, sale, distribution or use of, or possession with 18
47+intent to manufacture, sell, use or distribute, a controlled substance, as 19
48+defined in section 21a-240, or (C) other criminal acts which would 20
49+adversely affect the health, safety or welfare of other tenants, (2) an 21
50+applicant's or any proposed occupant's abuse, or pattern of abuse, of 22
51+alcohol when the housing authority has reasonable cause to believe 23
52+that such applicant's or proposed occupant's abuse, or pattern of 24
53+abuse, of alcohol may interfere with the health, safety or right to 25
54+peaceful enjoyment of the premises by other residents, and (3) an 26
55+applicant or any proposed occupant who is subject to a lifetime 27
56+registration requirement under section 54-252 on account of being 28
57+convicted or found not guilty by reason of mental disease or defect of a 29
58+sexually violent offense. In evaluating any such information, the 30
59+housing authority shall give consideration to the time, nature and 31
60+extent of the applicant's or proposed occupant's conduct and to factors 32
61+which might indicate a reasonable probability of favorable future 33
62+conduct, such as evidence of rehabilitation and evidence of the 34
63+willingness of the applicant, the applicant's family or the proposed 35
64+occupant to participate in social service or other appropriate 36
65+counseling programs and the availability of such programs. 37
6966 This act shall take effect as follows and shall amend the following
7067 sections:
7168
7269 Section 1 October 1, 2019 New section
73-Sec. 2 January 1, 2020 8-45a
74- Substitute Bill No. 54
70+Sec. 2 October 1, 2019 8-45a
71+
72+Statement of Purpose:
73+To assist individuals with prior criminal convictions to find adequate
74+housing.
75+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
76+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
77+not underlined.]
78+
79+Co-Sponsors: SEN. LOONEY, 11th Dist.
80+Committee Bill No. 54
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81-Statement of Legislative Commissioners:
82-In Section 1, "agent of such landlord" was added for consistency and in
83-Section 2, the effective date was changed to January 1, 2020, for
84-internal consistency.
8585
86-HSG Joint Favorable Subst.
86+S.B. 54
87+
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