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General Assembly Raised Bill No. 105
February Session, 2020
LCO No. 1123
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT ESTABLISHING A RIGHT TO HOUSING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2020) (a) There is established a 1
right for every resident in this state to obtain adequate housing. Such 2
right is available only insofar as it is implemented in accordance with 3
other parts of the general statutes, state rules and regulations, federal 4
law, the state Constitution and the United States Constitution. 5
(b) The components of such right are: 6
(1) Prevention of residents of the state from entering homelessness by 7
providing assistance and services that include, but are not limited to, 8
(A) payment of rent and utility arrearages, (B) legal support for 9
residents facing eviction, and (C) connection to services that would 10
address factors that could lead to homelessness; and 11
(2) Assistance for those residents who have become homeless by 12
providing emergency accommodations in a clean and safe environment 13
where such residents may stay until they can be found permanent 14
housing, where to the extent feasible such emergency accommodations: 15 Raised Bill No. 105
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(A) Are in close proximity to the community where the residents lived 16
previously, (B) provide access to supportive services, and (C) have no 17
preconditions for access. 18
(c) All state agencies, as defined in section 1-79 of the general statutes, 19
and each political subdivision of the state, shall: 20
(1) Consider the right to housing established under subsection (a) of 21
this section and its components set forth in subsection (b) of this section 22
when adopting or revising policies, regulations or grant criteria that 23
implicate such right; and 24
(2) When implementing such policies, regulations or grant criteria, 25
ensure that all residents are treated with dignity and respect to 26
minimize the trauma of any resident experiencing or facing the prospect 27
of homelessness. 28
Sec. 2. Section 4-166 of the general statutes is repealed and the 29
following is substituted in lieu thereof (Effective October 1, 2020): 30
As used in this chapter and section 3 of this act: 31
(1) "Agency" means each state board, commission, department or 32
officer authorized by law to make regulations or to determine contested 33
cases, but does not include either house or any committee of the General 34
Assembly, the courts, the Council on Probate Judicial Conduct, the 35
Governor, Lieutenant Governor or Attorney General, or town or 36
regional boards of education, or automobile dispute settlement panels 37
established pursuant to section 42-181; 38
(2) "Approved regulation" means a regulation submitted to the 39
Secretary of the State in accordance with the provisions of section 4-172; 40
(3) "Certification date" means the date the Secretary of the State 41
certifies, in writing, that the eRegulations System is technologically 42
sufficient to serve as the official compilation and electronic repository in 43
accordance with section 4-173b; 44 Raised Bill No. 105
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(4) "Contested case" means a proceeding, including but not restricted 45
to rate-making, price fixing and licensing, in which the legal rights, 46
duties or privileges of a party are required by state statute or regulation 47
to be determined by an agency after an opportunity for hearing or in 48
which a hearing is in fact held, but does not include proceedings on a 49
petition for a declaratory ruling under section 4-176, hearings referred 50
to in section 4-168, as amended by this act, or hearings conducted by the 51
Department of Correction or the Board of Pardons and Paroles; 52
(5) "Final decision" means (A) the agency determination in a 53
contested case, (B) a declaratory ruling issued by an agency pursuant to 54
section 4-176, or (C) an agency decision made after reconsideration. The 55
term does not include a preliminary or intermediate ruling or order of 56
an agency, or a ruling of an agency granting or denying a petition for 57
reconsideration; 58
(6) "Hearing officer" means an individual appointed by an agency to 59
conduct a hearing in an agency proceeding. Such individual may be a 60
staff employee of the agency; 61
(7) "Intervenor" means a person, other than a party, granted status as 62
an intervenor by an agency in accordance with the provisions of 63
subsection (d) of section 4-176 or subsection (b) of section 4-177a; 64
(8) "License" includes the whole or part of any agency permit, 65
certificate, approval, registration, charter or similar form of permission 66
required by law, but does not include a license required solely for 67
revenue purposes; 68
(9) "Licensing" includes the agency process respecting the grant, 69
denial, renewal, revocation, suspension, annulment, withdrawal or 70
amendment of a license; 71
(10) "Party" means each person (A) whose legal rights, duties or 72
privileges are required by statute to be determined by an agency 73
proceeding and who is named or admitted as a party, (B) who is 74
required by law to be a party in an agency proceeding, or (C) who is 75 Raised Bill No. 105
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granted status as a party under subsection (a) of section 4-177a; 76
(11) "Person" means any individual, partnership, corporation, limited 77
liability company, association, governmental subdivision, agency or 78
public or private organization of any character, but does not include the 79
agency conducting the proceeding; 80
(12) "Personal delivery" means delivery directly to the intended 81
recipient or a recipient's designated representative and includes, but is 82
not limited to, delivery by electronic mail to an electronic mail address 83
identified by the recipient as an acceptable means of communication; 84
(13) "Presiding officer" means the member of an agency or the hearing 85
officer designated by the head of the agency to preside at the hearing; 86
(14) "Proposed final decision" means a final decision proposed by an 87
agency or a presiding officer under section 4-179; 88
(15) "Proposed regulation" means a proposal by an agency under the 89
provisions of section 4-168, as amended by this act, for a new regulation 90
or for a change in, addition to or repeal of an existing regulation; 91
(16) "Regulation" means each agency statement of general 92
applicability, without regard to its designation, that implements, 93
interprets, or prescribes law or policy, or describes the organization, 94
procedure, or practice requirements of any agency. The term includes 95
the amendment or repeal of a prior regulation, but does not include (A) 96
statements concerning only the internal management of any agency and 97
not affecting private rights or procedures available to the public, (B) 98
declaratory rulings issued pursuant to section 4-176, or (C) intra-agency 99
or interagency memoranda; 100
(17) "Regulation-making" means the process for formulation and 101
adoption of a regulation; 102
(18) "Regulation-making record" means the documents specified in 103
subsection (b) of section 4-168b, as amended by this act, and includes 104
any other documents created, received or considered by an agency 105 Raised Bill No. 105
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during the regulation-making process; and 106
(19) "Regulations of Connecticut state agencies" means the official 107
compilation of all permanent regulations adopted by all state agencies 108
subsequent to October 27, 1970, organized by title number, subtitle 109
number and section number. 110
Sec. 3. (NEW) (Effective October 1, 2020) (a) For the purposes of this 111
section, "landlord" and "tenant" have the same meanings as provided in 112
section 47a-1 of the general statutes, "housing authority" has the same 113
meaning as provided in section 8-39 of the general statutes, "shelter" has 114
the same meaning as "temporary shelter" in section 10-253 of the general 115
statutes and "low-income" has the same meaning as provided in section 116
47-300 of the general statutes. Prior to or concomitant with the posting 117
of a notice pursuant to section 4-168 of the general statutes, as amended 118
by this act, each agency shall prepare a housing impact and regulatory 119
flexibility analysis in which the agency shall identify: 120
(1) The types of housing potentially affected by the proposed 121
regulation; 122
(2) Whether housing authorities, shelters, landlords, other housing 123
providers, low-income residential property owners or tenants, in order 124
to comply with the proposed regulation, may be required to: (A) Create, 125
file or issue additional reports; (B) implement additional recordkeeping 126
procedures; (C) provide additional administrative oversight; (D) hire 127
additional employees; (E) hire or contract with additional professionals, 128
including, but not limited to, lawyers, accountants, engineers, auditors 129
or inspectors; (F) purchase any product or make any capital investment; 130
(G) conduct additional training, audits or inspections; or (H) pay 131
additional taxes or fees; 132
(3) Whether and to what extent the agency communicated with 133
housing authorities, shelters, landlords, other housing providers, low-134
income residential property owners or tenants in developing the 135
proposed regulation and the regulatory flexibility analysis, if applicable; 136 Raised Bill No. 105
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(4) Whether and to what extent the proposed regulation provides 137
alternative compliance methods for housing authorities, shelters, 138
landlords, other housing providers, low-income residential property 139
owners or tenants that will accomplish the objectives of applicable 140
statutes while minimizing any adverse impact on housing. Such 141
methods shall be consistent with public health, safety and welfare and 142
may include, but not be limited to: 143
(A) The establishment of less stringent compliance or reporting 144
requirements for housing authorities, shelters, landlords, other housing 145
providers, low-income residential property owners or tenants; 146
(B) The establishment of less stringent schedules or deadlines for 147
compliance or reporting requirements for housing authorities, shelters, 148
landlords, other housing providers, low-income residential property 149
owners or tenants; 150
(C) The consolidation or simplification of compliance or reporting 151
requirements for housing authorities, shelters, landlords, other housing 152
providers, low-income residential property owners or tenants; 153
(D) The establishment of performance standards for housing 154
authorities, shelters, landlords, other housing providers or low-income 155
residential property owners to replace design or operational standards 156
required in the proposed regulation; and 157
(E) The exemption of housing authorities, shelters, landlords, other 158
housing providers, low-income residential property owners or tenants 159
from all or any part of the requirements contained in the proposed 160
regulation. 161
(c) Prior to the adoption of any proposed regulation that may have 162
an adverse impact on housing authorities, shelters, landlords, other 163
housing providers, low-income residential property owners or tenants, 164
each agency shall notify the Department of Housing and the joint 165
standing committee of the General Assembly having cognizance of 166
matters relating to housing of its intent to adopt the proposed 167 Raised Bill No. 105
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regulation. Said department and committee shall advise and assist 168
agencies in complying with the provisions of this section. 169
(d) The requirements contained in this section shall not apply to 170
emergency regulations issued pursuant to subsection (g) of section 4-171
168 of the general statutes; regulations that do not affect housing 172
authorities, shelters, landlords, other housing providers or tenants 173
directly, including, but not limited to, regulations concerning the 174
administration of federal programs. 175
Sec. 4. Subsection (a) of section 4-168 of the general statutes is 176
repealed and the following is substituted in lieu thereof (Effective October 177
1, 2020): 178
(a) Except as provided in subsections (g) and (h) of this section, an 179
agency, not less than thirty days prior to adopting a proposed 180
regulation, shall (1) post a notice of its intended action on the 181
eRegulations System, which notice shall include (A) a specified public 182
comment period of not less than thirty days, (B) a description 183
sufficiently detailed so as to apprise persons likely to be affected of the 184
issues and subjects involved in the proposed regulation, (C) a statement 185
of the purposes for which the regulation is proposed, (D) a reference to 186
the statutory authority for the proposed regulation, (E) when, where 187
and how interested persons may obtain a copy of the small business 188
impact and regulatory flexibility analysis required pursuant to section 189
4-168a or the housing impact and regulatory flexibility analysis required 190
pursuant to section 3 of this act, and (F) when, where and how interested 191
persons may present their views on the proposed regulation; (2) post a 192
copy of the proposed regulation on the eRegulations System; (3) give 193
notice electronically to each joint standing committee of the General 194
Assembly having cognizance of the subject matter of the proposed 195
regulation; (4) prior to January 1, 2017, give notice electronically or 196
provide a paper copy notice, if requested, to all persons who have made 197
requests to the agency for advance notice of its regulation-making 198
proceedings; (5) provide a paper copy or electronic version of the 199
proposed regulation to persons requesting it; and (6) prepare a fiscal 200 Raised Bill No. 105
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note, including an estimate of the cost or of the revenue impact (A) on 201
the state or any municipality of the state, and (B) on small businesses in 202
the state, including an estimate of the number of small businesses 203
subject to the proposed regulation and the projected costs, including, 204
but not limited to, reporting, recordkeeping and administrative, 205
associated with compliance with the proposed regulation and, if 206
applicable, the regulatory flexibility analysis prepared under section 4-207
168a. The governing body of any municipality, if requested, shall 208
provide the agency, within twenty working days, with any information 209
that may be necessary for analysis in preparation of such fiscal note. On 210
and after January 1, 2017, each such agency shall mail a paper copy of 211
the notice posted pursuant to subdivision (1) of this subsection, not later 212
than five days after posting such notice, to any person who has 213
requested advance notice of the agency's regulation -making 214
proceedings on or after October 1, 2016. 215
Sec. 5. Subsection (b) of section 4-168b of the general statutes is 216
repealed and the following is substituted in lieu thereof (Effective October 217
1, 2020): 218
(b) The regulation-making record shall contain at least: (1) The 219
agency's notice of intent to adopt regulations; (2) any written analysis 220
prepared for the proceeding upon which the regulation is based, 221
including the regulatory flexibility analysis required pursuant to section 222
4-168a or section 3 of this act, if applicable; (3) all comments submitted 223
on the proposed regulation; (4) the official transcript, if any, of 224
proceedings upon which the regulation is based or, if not transcribed, 225
any audio recording or stenographic record of such proceedings, and 226
any memoranda prepared by any member or employee of the agency 227
summarizing the contents of the proceedings; (5) all official documents 228
relating to the regulation, including the regulation submitted to the 229
office of the Secretary of the State in accordance with section 4-172, a 230
statement of the principal considerations in opposition to the agency's 231
action, and the agency's reasons for rejecting such considerations, as 232
required pursuant to section 4-168, as amended by this act, and the fiscal 233
note prepared pursuant to subsection (a) of section 4-168, as amended 234 Raised Bill No. 105
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by this act, and section 4-170, as amended by this act; (6) any petition for 235
the regulation filed pursuant to section 4-174; and (7) all comments or 236
communications between the agency and the legislative regulation 237
review committee. No audio recording of a hearing held pursuant to 238
section 4-168, as amended by this act, shall be posted on the 239
eRegulations System unless the Secretary of the State confirms that such 240
posting will not constitute a violation of any state or federal law 241
regarding accessibility for persons with disabilities. Any audio 242
recording of a hearing held pursuant to section 4-168, as amended by 243
this act, that is not posted on the eRegulations System shall be 244
maintained by the agency and made available to the public upon 245
request. If an agency determines that any part of the regulation-making 246
record is impractical to display or is inappropriate for public display on 247
the eRegulations System, the agency shall describe the part omitted in a 248
statement posted on the eRegulations System and shall maintain a copy 249
of the omitted material readily available for public inspection at the 250
principal office of the agency. 251
Sec. 6. Subdivision (1) of subsection (b) of section 4-170 of the general 252
statutes is repealed and the following is substituted in lieu thereof 253
(Effective October 1, 2020): 254
(b) (1) No adoption, amendment or repeal of any regulation, except a 255
regulation issued pursuant to subsection (g) of section 4-168, shall be 256
effective until (A) an electronic copy of the proposed regulation 257
approved by the Attorney General, as provided in section 4-169, and an 258
electronic copy of the regulatory flexibility analysis as provided in 259
section 4-168a and section 3 of this act are submitted to the standing 260
legislative regulation review committee in a manner designated by the 261
committee, by the agency proposing the regulation, (B) the regulation is 262
approved by the committee, at a regular meeting or a special meeting 263
called for the purpose, and (C) a certified electronic copy of the 264
regulation is submitted to the office of the Secretary of the State by the 265
agency, as provided in section 4-172, and the regulation is posted on the 266
eRegulations System by the Secretary. (2) The date of submission for 267
purposes of subsection (c) of this section shall be the first Tuesday of 268 Raised Bill No. 105
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each month. Any regulation received by the committee on or before the 269
first Tuesday of a month shall be deemed to have been submitted on the 270
first Tuesday of that month. Any regulation submitted after the first 271
Tuesday of a month shall be deemed to be submitted on the first 272
Tuesday of the next succeeding month. (3) The form of proposed 273
regulations which are submitted to the committee shall be as follows: 274
New language added to an existing regulation shall be underlined; 275
language to be deleted shall be enclosed in brackets and a new 276
regulation or new section of a regulation shall be preceded by the word 277
"(NEW)" in capital letters. Each proposed regulation shall have a 278
statement of its purpose following the final section of the regulation. (4) 279
The committee may permit any proposed regulation, including, but not 280
limited to, a proposed regulation which by reference incorporates in 281
whole or in part, any other code, rule, regulation, standard or 282
specification, to be submitted in summary form together with a 283
statement of purpose for the proposed regulation. On and after October 284
1, 1994, if the committee finds that a federal statute requires, as a 285
condition of the state exercising regulatory authority, that a Connecticut 286
regulation at all times must be identical to a federal statute or regulation, 287
then the committee may approve a Connecticut regulation that by 288
reference specifically incorporates future amendments to such federal 289
statute or regulation provided the agency that proposed the Connecticut 290
regulation shall submit for approval amendments to such Connecticut 291
regulations to the committee not later than thirty days after the effective 292
date of such amendment, and provided further the committee may hold 293
a public hearing on such Connecticut amendments. (5) The agency shall 294
also provide the committee with a copy of the fiscal note prepared 295
pursuant to subsection (a) of section 4-168, as amended by this act. At 296
the time of submission to the committee, the agency shall submit an 297
electronic copy of the proposed regulation and the fiscal note to (A) the 298
Office of Fiscal Analysis which, not later than seven days after receipt, 299
shall submit an analysis of the fiscal note to the committee; and (B) each 300
joint standing committee of the General Assembly having cognizance of 301
the subject matter of the proposed regulation. No regulation shall be 302
found invalid due to the failure of an agency to submit an electronic 303 Raised Bill No. 105
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copy of the proposed regulation and the fiscal note to each committee of 304
cognizance, provided such regulation and fiscal note have been 305
electronically submitted to one such committee. 306
Sec. 7. Subsection (c) of section 29-252b of the general statutes is 307
repealed and the following is substituted in lieu thereof (Effective October 308
1, 2020): 309
(c) Prior to the adoption of the State Building Code and any 310
amendments thereto, the State Building Inspector shall (1) post any 311
proposed code, a statement of purpose for which the proposed code is 312
proposed, a fiscal note associated with compliance with the proposed 313
code prepared pursuant to section 4-168, as amended by this act, and [a] 314
the regulatory flexibility [analysis] analyses prepared pursuant to 315
section 4-168a and section 3 of this act on the Internet web site of the 316
Department of Administrative Services, (2) give notice electronically to 317
the joint standing committee of the General Assembly having 318
cognizance of matters relating to public safety and security, (3) give 319
notice to any person who has requested the State Building Inspector for 320
advance notice of its proposed code adoption proceedings, (4) provide 321
for a public comment period of forty-five days following the posting of 322
such proposed code, fiscal note and regulatory flexibility analysis, and 323
(5) hold a public hearing on the proposed code not less than twenty nor 324
more than thirty-five days after such posting. 325
Sec. 8. Subsection (c) of section 29-291e of the general statutes is 326
repealed and the following is substituted in lieu thereof (Effective October 327
1, 2020): 328
(c) Prior to the adoption of the State Fire Prevention Code and any 329
amendments thereto, the State Fire Marshal shall (1) post any proposed 330
code, a statement of purpose for which the proposed code is proposed, 331
a fiscal note associated with compliance with the proposed code 332
prepared pursuant to section 4-168, as amended by this act, and [a] the 333
regulatory flexibility [analysis] analyses prepared pursuant to section 4-334
168a and section 3 of this act on the Internet web site of the Department 335 Raised Bill No. 105
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of Administrative Services, (2) give notice electronically to the joint 336
standing committee of the General Assembly having cognizance of 337
matters relating to public safety and security, (3) give notice to any 338
person who has requested the State Fire Marshal for advance notice of 339
the proposed code adoption proceedings, (4) provide for a public 340
comment period of forty-five days following the posting of such 341
proposed code, fiscal note and regulatory flexibility analysis, and (5) 342
hold a public hearing on the proposed code not less than twenty nor 343
more than thirty-five days after such posting. 344
Sec. 9. Subsection (c) of section 29-292a of the general statutes is 345
repealed and the following is substituted in lieu thereof (Effective October 346
1, 2020): 347
(c) Prior to the adoption of the Fire Safety Code and any amendments 348
thereto, the State Fire Marshal shall (1) post any proposed code, a 349
statement of purpose for which the proposed code is proposed, a fiscal 350
note associated with compliance with the proposed code prepared 351
pursuant to section 4-168, as amended by this act, and [a] the regulatory 352
flexibility [analysis] analyses prepared pursuant to section 4-168a and 353
section 3 of this act on the Internet web site of the Department of 354
Administrative Services, (2) give notice electronically to the joint 355
standing committee of the General Assembly having cognizance of 356
matters relating to public safety and security, (3) give notice to any 357
person who has requested the State Fire Marshal for advance notice of 358
the proposed code adoption proceedings, (4) provide for a public 359
comment period of forty-five days following the posting of such 360
proposed code, fiscal note and regulatory flexibility analysis, and (5) 361
hold a public hearing on the proposed code not less than twenty nor 362
more than thirty-five days after such posting. 363
Sec. 10. (Effective from passage) The Secretary of the Office of Policy 364
and Management shall create a standard form for agencies to use when 365
preparing a housing impact and regulatory flexibility analysis pursuant 366
to section 3 of this act. 367 Raised Bill No. 105
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 New section
Sec. 2 October 1, 2020 4-166
Sec. 3 October 1, 2020 New section
Sec. 4 October 1, 2020 4-168(a)
Sec. 5 October 1, 2020 4-168b(b)
Sec. 6 October 1, 2020 4-170(b)(1)
Sec. 7 October 1, 2020 29-252b(c)
Sec. 8 October 1, 2020 29-291e(c)
Sec. 9 October 1, 2020 29-292a(c)
Sec. 10 from passage New section
Statement of Purpose:
To establish a right to housing for all residents of the state.
[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.]