| 9 | 15 | | |
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| 10 | 16 | | |
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| 11 | 17 | | |
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| 12 | 18 | | AN ACT CONCERNING ADDITIONAL HOUSING P ROTECTIONS FOR |
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| 13 | 19 | | A VICTIM OF FAMILY VIOLENCE OR SEXUAL AS SAULT. |
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| 14 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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| 15 | 21 | | Assembly convened: |
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| 16 | 22 | | |
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| 17 | 23 | | Section 1. (NEW) (Effective October 1, 2019) (a) Upon the request of a 1 |
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| 18 | 24 | | tenant, a landlord shall change the locks to a tenant's dwelling unit 2 |
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| 19 | 25 | | when: (1) The tenant is named as a protected person in (A) a protective 3 |
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| 20 | 26 | | or restraining order issued by a court of this state, including, but not 4 |
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| 21 | 27 | | limited to, an order issued pursuant to sections 46b-15, 46b-16a, 46b-5 |
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| 22 | 28 | | 38c, 53a-40e and 54-1k of the general statutes, that is in effect at the 6 |
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| 23 | 29 | | time the tenant makes such request of the landlord, or (B) a foreign 7 |
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| 24 | 30 | | order of protection that has been registered in this state pursuant to 8 |
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| 25 | 31 | | section 46b-15a of the general statutes, that is in effect at the time the 9 |
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| 26 | 32 | | tenant makes such request of the landlord; and (2) the tenant provides 10 |
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| 27 | 33 | | a copy of such protective order, restraining order or foreign order of 11 |
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| 28 | 34 | | protection to the landlord. A landlord who is required to change a 12 |
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| 29 | 35 | | tenant's locks under this subsection shall do so, or in the alternative 13 |
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| 30 | 36 | | permit the tenant to do so, not later that two business days after the 14 |
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| 31 | 37 | | date that the tenant makes such request. 15 |
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| 32 | 38 | | (b) If a landlord fails to change the locks, or fails to permit a tenant 16 |
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| 43 | | - | changed in a workmanlike manner, utilizing locks of similar or 21 |
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| 44 | | - | improved quality as compared to the original locks. The landlord may 22 |
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| 45 | | - | replace a lock installed by or at the behest of a tenant if the locks 23 |
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| 44 | + | the change of the locks within the timeframe prescribed under 17 |
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| 45 | + | subsection (a) of this section, the tenant may proceed to change the 18 |
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| 46 | + | locks without the landlord's permission. If a tenant changes the locks 19 |
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| 47 | + | without the landlord's permission, the tenant shall ensure that the 20 |
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| 48 | + | locks are changed in a workmanlike manner, utilizing locks of similar 21 |
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| 49 | + | or improved quality as compared to the original locks. The landlord 22 |
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| 50 | + | may replace a lock installed by or at the behest of a tenant if the locks 23 |
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| 46 | 51 | | installed were not of equal or improved quality or were not installed 24 |
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| 47 | 52 | | properly. If a tenant changes the locks to his or her dwelling unit 25 |
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| 48 | 53 | | under this subsection, the tenant shall provide a key to the new locks 26 |
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| 49 | 54 | | to the landlord not later than two business days after the date on 27 |
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| 50 | 55 | | which the locks were changed, except when good cause prevents the 28 |
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| 51 | 56 | | tenant from providing a key to the landlord within the prescribed time 29 |
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| 52 | 57 | | period. 30 |
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| 53 | 58 | | (c) When a landlord changes the locks to a dwelling unit under 31 |
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| 54 | 59 | | subsection (a) or (b) of this section, the landlord (1) shall, at or prior to 32 |
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| 55 | 60 | | the time of changing such locks, provide a key to the new locks to the 33 |
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| 56 | 61 | | tenant, and (2) may charge a fee to the tenant not exceeding the actual 34 |
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| 57 | 62 | | reasonable cost of changing the locks. A tenant's inability to pay the 35 |
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| 58 | 63 | | cost for replacing the locks shall not be the basis for a summary 36 |
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| 59 | 64 | | process action under chapter 832 of the general statutes, but such costs 37 |
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| 60 | 65 | | may be recouped by suit against the tenant or as a deduction from the 38 |
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| 61 | 66 | | security deposit when the tenant vacates the dwelling unit. 39 |
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| 62 | 67 | | (d) If a tenant residing in the dwelling unit is named as the 40 |
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| 63 | 68 | | respondent in an order described in subsection (a) of this section and 41 |
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| 64 | 69 | | under such order is required to stay away from the dwelling unit, the 42 |
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| 65 | 70 | | landlord shall not provide a key to such tenant for the new locks. 43 |
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| 66 | 71 | | Absent a court order permitting a tenant who is the respondent in such 44 |
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| 67 | | - | order to return to the dwelling unit to retrieve his or her possessions 45 |
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| 68 | | - | and personal effects, the landlord has no duty under the rental 46 |
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| 69 | | - | agreement or by law to allow such tenant access to the dwelling unit 47 |
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| 70 | | - | once the landlord has been provided with a court order requiring such 48 |
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| 71 | | - | tenant to stay away from the dwelling unit, and the landlord shall not 49 |
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| 72 | | - | permit such tenant to access the dwelling unit. Any tenant excluded 50 |
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| 73 | | - | from the dwelling unit under this section remains liable under the 51 |
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| 74 | | - | rental agreement with any other tenant of the dwelling unit for rent or 52 |
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| 75 | | - | damages to the dwelling unit. 53 Substitute Bill No. 693 |
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| 72 | + | order to return to the dwelling unit to retrieve personal belongings, the 45 |
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| 73 | + | landlord has no duty under the rental agreement or by law to allow 46 |
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| 74 | + | such tenant access to the dwelling unit once the landlord has been 47 |
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| 75 | + | provided with a court order requiring such tenant to stay away from 48 |
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| 76 | + | the dwelling unit, and the landlord shall not permit such tenant to 49 |
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| 77 | + | Committee Bill No. 693 |
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| 91 | | - | Statement of Legislative Commissioners: |
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| 92 | | - | In Section 1(b), the phrase "permit a tenant to the change of the locks" |
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| 93 | | - | was changed to "permit a tenant to change the locks" for accuracy; and |
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| 94 | | - | in Section 1(d) "personal belongings" was changed to "his or her |
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| 95 | | - | possessions and personal effects" for consistency with other provisions |
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| 96 | | - | of the general statutes. |
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| 95 | + | Statement of Purpose: |
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| 96 | + | To allow a person who has a valid order of protection to request that |
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| 97 | + | such person's landlord change the locks to the person's dwelling unit. |
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| 98 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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| 99 | + | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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| 100 | + | not underlined.] |
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