LCO No. 6398 1 of 3 General Assembly Committee Bill No. 693 January Session, 2019 LCO No. 6398 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONCERNING ADDITIONAL HOUSING P ROTECTIONS FOR A VICTIM OF FAMILY VIOLENCE OR SEXUAL AS SAULT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2019) (a) Upon the request of a 1 tenant, a landlord shall change the locks to a tenant's dwelling unit 2 when: (1) The tenant is named as a protected person in (A) a protective 3 or restraining order issued by a court of this state, including, but not 4 limited to, an order issued pursuant to sections 46b-15, 46b-16a, 46b-5 38c, 53a-40e and 54-1k of the general statutes, that is in effect at the 6 time the tenant makes such request of the landlord, or (B) a foreign 7 order of protection that has been registered in this state pursuant to 8 section 46b-15a of the general statutes, that is in effect at the time the 9 tenant makes such request of the landlord; and (2) the tenant provides 10 a copy of such protective order, restraining order or foreign order of 11 protection to the landlord. A landlord who is required to change a 12 tenant's locks under this subsection shall do so, or in the alternative 13 permit the tenant to do so, not later that two business days after the 14 date that the tenant makes such request. 15 (b) If a landlord fails to change the locks, or fails to permit a tenant 16 Committee Bill No. 693 LCO No. 6398 2 of 3 the change of the locks within the timeframe prescribed under 17 subsection (a) of this section, the tenant may proceed to change the 18 locks without the landlord's permission. If a tenant changes the locks 19 without the landlord's permission, the tenant shall ensure that the 20 locks are changed in a workmanlike manner, utilizing locks of similar 21 or improved quality as compared to the original locks. The landlord 22 may replace a lock installed by or at the behest of a tenant if the locks 23 installed were not of equal or improved quality or were not installed 24 properly. If a tenant changes the locks to his or her dwelling unit 25 under this subsection, the tenant shall provide a key to the new locks 26 to the landlord not later than two business days after the date on 27 which the locks were changed, except when good cause prevents the 28 tenant from providing a key to the landlord within the prescribed time 29 period. 30 (c) When a landlord changes the locks to a dwelling unit under 31 subsection (a) or (b) of this section, the landlord (1) shall, at or prior to 32 the time of changing such locks, provide a key to the new locks to the 33 tenant, and (2) may charge a fee to the tenant not exceeding the actual 34 reasonable cost of changing the locks. A tenant's inability to pay the 35 cost for replacing the locks shall not be the basis for a summary 36 process action under chapter 832 of the general statutes, but such costs 37 may be recouped by suit against the tenant or as a deduction from the 38 security deposit when the tenant vacates the dwelling unit. 39 (d) If a tenant residing in the dwelling unit is named as the 40 respondent in an order described in subsection (a) of this section and 41 under such order is required to stay away from the dwelling unit, the 42 landlord shall not provide a key to such tenant for the new locks. 43 Absent a court order permitting a tenant who is the respondent in such 44 order to return to the dwelling unit to retrieve personal belongings, the 45 landlord has no duty under the rental agreement or by law to allow 46 such tenant access to the dwelling unit once the landlord has been 47 provided with a court order requiring such tenant to stay away from 48 the dwelling unit, and the landlord shall not permit such tenant to 49 Committee Bill No. 693 LCO No. 6398 3 of 3 access the dwelling unit. Any tenant excluded from the dwelling unit 50 under this section remains liable under the rental agreement with any 51 other tenant of the dwelling unit for rent or damages to the dwelling 52 unit. 53 (e) A landlord may not require a tenant who is named as a protected 54 person under an order described in subsection (a) of this section to pay 55 additional rent or an additional deposit or fee because of the exclusion 56 of the tenant who is named as the respondent in such order. 57 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019 New section Statement of Purpose: To allow a person who has a valid order of protection to request that such person's landlord change the locks to the person's dwelling unit. [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.] Co-Sponsors: SEN. FLEXER, 29th Dist.; REP. HADDAD, 54th Dist. REP. GILCHREST, 18th Dist. S.B. 693