Connecticut 2019 2019 Regular Session

Connecticut Senate Bill SB00693 Comm Sub / Bill

Filed 04/29/2019

                     
 
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General Assembly  Substitute Bill No.  693  
January Session, 2019  
 
 
 
AN ACT CONCERNING AD DITIONAL HOUSING PRO TECTIONS FOR 
A VICTIM OF FAMILY VIOLENCE OR SEXUAL ASSAULT.  
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 
to change the locks within the timeframe prescribed under subsection 17 
(a) of this section, the tenant may proceed to change the locks without 18 
the landlord's permission. If a tenant changes the locks without the 19 
landlord's permission, the tenant shall ensure that the locks are 20  Substitute Bill No. 693 
 
 
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changed in a workmanlike manner, utilizing locks of similar or 21 
improved quality as compared to the original locks. The landlord may 22 
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 his or her possessions 45 
and personal effects, the landlord has no duty under the rental 46 
agreement or by law to allow such tenant access to the dwelling unit 47 
once the landlord has been provided with a court order requiring such 48 
tenant to stay away from the dwelling unit, and the landlord shall not 49 
permit such tenant to access the dwelling unit. Any tenant excluded 50 
from the dwelling unit under this section remains liable under the 51 
rental agreement with any other tenant of the dwelling unit for rent or 52 
damages to the dwelling unit. 53  Substitute Bill No. 693 
 
 
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(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 Legislative Commissioners:   
In Section 1(b), the phrase "permit a tenant to the change of the locks" 
was changed to "permit a tenant to change the locks" for accuracy; and 
in Section 1(d) "personal belongings" was changed to "his or her 
possessions and personal effects" for consistency with other provisions 
of the general statutes. 
 
JUD Joint Favorable Subst. -LCO