Connecticut 2020 Regular Session

Connecticut Senate Bill SB00110 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 975 1 of 21
4	4
5	5	General Assembly Raised Bill No. 110
6	6	February Session, 2020
7	7	LCO No. 975
8	8
9	9
10	10	Referred to Committee on HOUSING
11	11
12	12
13	13	Introduced by:
14	14	(HSG)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING HO USING AUTHORITY JURISDICTION.
20	20	Be it enacted by the Senate and House of Representatives in General
21	21	Assembly convened:
22	22
23	23	Section 1. Section 8-39 of the general statutes is repealed and the 1
24	24	following is substituted in lieu thereof (Effective October 1, 2020): 2
25	25	The following terms, wherever used or referred to in this chapter, 3
26	26	[shall] have the following respective meanings, unless a different 4
27	27	meaning clearly appears from the context: 5
28	28	[(a)] (1) "Area of operation" [includes the municipality in which a 6
29	29	housing authority is created under the provisions of this chapter and 7
30	30	may include a neighboring municipality, provided the governing body 8
31	31	of such neighboring municipality agrees by proper resolution to the 9
32	32	extension of the area of operation to include such neighboring 10
33	33	municipality] means a municipal area of operation and, if adopted by a 11
34	34	housing authority, includes an expanded area of operation. 12
35	35	[(b)] (2) "Authority" or "housing authority" means any of the public 13
36	36	corporations created by section 8-40, as amended by this act, and the 14
37	37	Connecticut Housing Authority when exercising the rights, powers, 15
38	38	Raised Bill No. 110
39	39
40	40
41	41
42	42	LCO No. 975 2 of 21
43	43
44	44	duties or privileges of, or subject to the immunities or limitations of, 16
45	45	housing authorities pursuant to section 8-121. 17
46	46	[(c)] (3) "Bonds" means any bonds, including refunding bonds, notes, 18
47	47	interim certificates, debentures or other obligations issued by the 19
48	48	authority pursuant to this chapter. 20
49	49	[(d)] (4) "Clerk" means the clerk of the particular city, borough or 21
50	50	town for which a particular housing authority is created. 22
51	51	(5) "Eligible developer" or "developer" means (A) a nonprofit 23
52	52	corporation; (B) any business corporation incorporated pursuant to 24
53	53	chapter 601 or any predecessor statutes thereto, having as one of its 25
54	54	purposes the construction, rehabilitation, ownership or operation of 26
55	55	housing, and having articles of incorporation approved by the 27
56	56	Commissioner of Housing in accordance with regulations adopted 28
57	57	pursuant to section 8-79a or 8-84; (C) any partnership, limited 29
58	58	partnership, joint venture, trust, limited liability company or association 30
59	59	having as one of its purposes the construction, rehabilitation, ownership 31
60	60	or operation of housing, and having basic documents of organization 32
61	61	approved by the commissioner in accordance with regulations adopted 33
62	62	pursuant to section 8-79a or 8-84; (D) a housing authority; (E) a family 34
63	63	or person approved by the commissioner as qualified to own, construct, 35
64	64	rehabilitate, manage and maintain housing under a mortgage loan made 36
65	65	or insured under an agreement entered into pursuant to the provisions 37
66	66	of this chapter; or (E) a municipal developer. 38
67	67	(6) "Expanded area of operation" means an area (A) adopted by a 39
68	68	housing authority; and (B) designated by the Department of Housing 40
69	69	pursuant to section 8-348 as a high or very high opportunity census 41
70	70	tract, provided any part of such census tract is located within fifteen 42
71	71	miles of the municipality in which the housing authority is located. 43
72	72	[(e)] (7) "Families of low income" means families who lack the amount 44
73	73	of income which is necessary, as determined by the authority 45
74	74	undertaking the housing project, to enable them, without financial 46
75	75	Raised Bill No. 110
76	76
77	77
78	78
79	79	LCO No. 975 3 of 21
80	80
81	81	assistance, to live in decent, safe and sanitary dwellings, without 47
82	82	overcrowding. 48
83	83	[(f)] (8) "Families of low and moderate income" means families who 49
84	84	lack the amount of income which is necessary, as determined by the 50
85	85	Commissioner of Housing, to enable them to rent or purchase moderate 51
86	86	cost housing without financial assistance as provided by this part and 52
87	87	parts II and III of this chapter. 53
88	88	(9) "Family" means a household consisting of one or more persons. 54
89	89	[(g)] (10) "Federal government" includes the United States of 55
90	90	America, the federal emergency administration of public works or any 56
91	91	other agency or instrumentality, corporate or otherwise, of the United 57
92	92	States of America. 58
93	93	[(h)] (11) "Governing body" means, for towns having a town council, 59
94	94	the council; for other towns, the selectmen; for cities, the common 60
95	95	council or other similar body of officials; and for boroughs, the warden 61
96	96	and burgesses. 62
97	97	[(i)] (12) "Housing project" means any work or undertaking [(1)] (A) 63
98	98	to demolish, clear or remove buildings from any slum area, which work 64
99	99	or undertaking may embrace the adaptation of such area to public 65
100	100	purposes, including parks or other recreational or community purposes; 66
101	101	[or (2)] (B) to provide decent, safe and sanitary urban or rural dwellings, 67
102	102	apartments or other living accommodations for families of low or 68
103	103	moderate income, which work or undertaking may include buildings, 69
104	104	land, equipment, facilities and other real or personal property for 70
105	105	necessary, convenient or desirable appurtenances, streets, sewers, water 71
106	106	service, parks, site preparation, gardening, administrative, community, 72
107	107	recreational, commercial or welfare purposes and may include the 73
108	108	acquisition and rehabilitation of existing dwelling units or structures to 74
109	109	be used for moderate or low rental units; or [(3)] (C) to accomplish a 75
110	110	combination of the [foregoing] purposes listed in subparagraphs (A) 76
111	111	and (B) of this subdivision. The term "housing project" also may [be 77
112	112	Raised Bill No. 110
113	113
114	114
115	115
116	116	LCO No. 975 4 of 21
117	117
118	118	applied to] include the planning of the buildings and improvements, the 78
119	119	acquisition of property, the demolition of existing structures, the 79
120	120	construction, reconstruction, alteration and repair of the improvements 80
121	121	and all other work in connection therewith and may include the 81
122	122	reconstruction, rehabilitation, alteration, or major repair of existing 82
123	123	buildings or improvements which were undertaken pursuant to parts II 83
124	124	and VI of this chapter. 84
125	125	[(j)] (13) "Mayor" means, for cities, the mayor and, for boroughs, the 85
126	126	warden. 86
127	127	[(k)] (14) "Moderate rental" means a rental which, as determined by 87
128	128	an authority with the concurrence of the Commissioner of Housing, is 88
129	129	below the level at which private enterprise is currently building a 89
130	130	needed volume of safe and sanitary dwellings for rental in the locality 90
131	131	involved; and "moderate rental housing project" means a housing 91
132	132	project, receiving state aid in the form of loans or grants, for families 92
133	133	unable to pay more than moderate rental. Such project may include the 93
134	134	reconstruction, rehabilitation, alteration, or major repair of existing 94
135	135	buildings or improvements which were undertaken pursuant to parts II 95
136	136	or VI of this chapter. 96
137	137	(15) "Mortgage" means a mortgage deed, deed of trust or other 97
138	138	instrument which constitutes a lien, whether first or second, on real 98
139	139	estate or on a leasehold under a lease having a remaining term, at the 99
140	140	time such mortgage is acquired, which does not expire for at least that 100
141	141	number of years beyond the maturity date of the obligation secured by 101
142	142	such mortgage as is equal to the number of years remaining until the 102
143	143	maturity date of such obligation. 103
144	144	(16) "Municipal area of operation" includes the municipality in which 104
145	145	a housing authority is created under the provisions of this chapter and 105
146	146	may include a neighboring municipality, as provided in section 8-40, as 106
147	147	amended by this act. 107
148	148	(17) "Municipal developer" means a municipality, which has not 108
149	149	Raised Bill No. 110
150	150
151	151
152	152
153	153	LCO No. 975 5 of 21
154	154
155	155	declared by resolution a need for a housing authority pursuant to 109
156	156	section 8-40, as amended by this act, acting by and through its legislative 110
157	157	body, except that in any town in which a town meeting or representative 111
158	158	town meeting is the legislative body, "municipal developer" means the 112
159	159	board of selectmen if such board is authorized to act as the municipal 113
160	160	developer by the town meeting or representative town meeting. 114
161	161	[(l)] (18) "Municipality" means any city, borough or town. "The 115
162	162	municipality" means the particular municipality for which a particular 116
163	163	housing authority is created. 117
164	164	(19) "Nonprofit corporation" means a nonprofit corporation 118
165	165	incorporated pursuant to chapter 602 or any predecessor statutes 119
166	166	thereto, having as one of its purposes the construction, rehabilitation, 120
167	167	ownership or operation of housing and having articles of incorporation 121
168	168	approved by the Commissioner of Housing in accordance with 122
169	169	regulations adopted pursuant to section 8-79a or 8-84. 123
170	170	[(m)] (20) "Obligee of the authority" or "obligee" includes any 124
171	171	bondholder, trustee or trustees for any bondholders, or lessor demising 125
172	172	to the authority property used in connection with a housing project, or 126
173	173	any assignee or assignees of such lessor's interest or any part thereof, 127
174	174	and the state or federal government when it is a party to any contract 128
175	175	with the authority. 129
176	176	[(n)] (21) "Real property" includes all lands, including improvements 130
177	177	and fixtures thereon, and property of any nature appurtenant thereto, 131
178	178	or used in connection therewith, and every estate, interest and right, 132
179	179	legal or equitable, therein, including terms for years and liens by way of 133
180	180	judgment, mortgage or otherwise and the indebtedness secured by such 134
181	181	liens. 135
182	182	[(o)] (22) "Rent" means the entire amount paid to an authority for any 136
183	183	dwelling unit. 137
184	184	[(p)] (23) "Shelter rent" means rent less any charges made by an 138
185	185	Raised Bill No. 110
186	186
187	187
188	188
189	189	LCO No. 975 6 of 21
190	190
191	191	authority for water, heat, gas and electricity. 139
192	192	[(q)] (24) "Slum" means any area where dwellings predominate 140
193	193	which, by reason of dilapidation, overcrowding, faulty arrangement or 141
194	194	design, lack of ventilation, light or sanitary facilities, or any combination 142
195	195	of these factors, are detrimental to safety, health and morals. 143
196	196	[(r)] (25) "State public body" means any city, borough, town, 144
197	197	municipal corporation, district or other subdivision of the state. 145
198	198	[(s)] (26) "Veteran" has the same meaning [assigned by] as provided 146
199	199	in section 27-103 and includes any officer of the United States Public 147
200	200	Health Service detailed by proper authority to duty with any of the 148
201	201	armed forces and the spouse or widow or widower of such veteran, 149
202	202	provided such veteran shall have served for a period of ninety days or 150
203	203	more in time of war after December 7, 1941, and shall have resided in 151
204	204	this state at any time continuously for two years. 152
205	205	[(t) "Family" means a household consisting of one or more persons. 153
206	206	(u) "Eligible developer" or "developer" means (1) a nonprofit 154
207	207	corporation; (2) any business corporation incorporated pursuant to 155
208	208	chapter 601 or any predecessor statutes thereto, having as one of its 156
209	209	purposes the construction, rehabilitation, ownership or operation of 157
210	210	housing, and having articles of incorporation approved by the 158
211	211	commissioner in accordance with regulations adopted pursuant to 159
212	212	section 8-79a or 8-84; (3) any partnership, limited partnership, joint 160
213	213	venture, trust, limited liability company or association having as one of 161
214	214	its purposes the construction, rehabilitation, ownership or operation of 162
215	215	housing, and having basic documents of organization approved by the 163
216	216	commissioner in accordance with regulations adopted pursuant to 164
217	217	section 8-79a or 8-84; (4) a housing authority; (5) a family or person 165
218	218	approved by the commissioner as qualified to own, construct, 166
219	219	rehabilitate, manage and maintain housing under a mortgage loan made 167
220	220	or insured under an agreement entered into pursuant to the provisions 168
221	221	of this chapter; or (6) a municipal developer. 169
222	222	Raised Bill No. 110
223	223
224	224
225	225
226	226	LCO No. 975 7 of 21
227	227
228	228	(v) "Mortgage" means a mortgage deed, deed of trust, or other 170
229	229	instrument which shall constitute a lien, whether first or second, on real 171
230	230	estate or on a leasehold under a lease having a remaining term, at the 172
231	231	time such mortgage is acquired, which does not expire for at least that 173
232	232	number of years beyond the maturity date of the obligation secured by 174
233	233	such mortgage as is equal to the number of years remaining until the 175
234	234	maturity date of such obligation. 176
235	235	(w) "Nonprofit corporation" means a nonprofit corporation 177
236	236	incorporated pursuant to chapter 602 or any predecessor statutes 178
237	237	thereto, having as one of its purposes the construction, rehabilitation, 179
238	238	ownership or operation of housing and having articles of incorporation 180
239	239	approved by the Commissioner of Housing in accordance with 181
240	240	regulations adopted pursuant to section 8-79a or 8-84. 182
241	241	(x) "Municipal developer" means a municipality, as defined in 183
242	242	subsection (l) of this section, which has not declared by resolution a need 184
243	243	for a housing authority pursuant to section 8-40, acting by and through 185
244	244	its legislative body, except that in any town in which a town meeting or 186
245	245	representative town meeting is the legislative body, "municipal 187
246	246	developer" means the board of selectmen if such board is authorized to 188
247	247	act as the municipal developer by the town meeting or representative 189
248	248	town meeting.] 190
249	249	Sec. 2. Section 8-40 of the general statutes is repealed and the 191
250	250	following is substituted in lieu thereof (Effective October 1, 2020): 192
251	251	(a) In each municipality of the state there is created a public body 193
252	252	corporate and politic to be known as the "housing authority" of the 194
253	253	municipality; provided such authority shall not transact any business or 195
254	254	exercise its powers [hereunder] under this section until the governing 196
255	255	body of the municipality by resolution declares that there is need for a 197
256	256	housing authority in the municipality, provided it shall find that (1) 198
257	257	[that] insanitary or unsafe inhabited dwelling accommodations exist in 199
258	258	the municipality, [or] (2) [that] there is a shortage of safe or sanitary 200
259	259	Raised Bill No. 110
260	260
261	261
262	262
263	263	LCO No. 975 8 of 21
264	264
265	265	dwelling accommodations in the municipality available to families of 201
266	266	low income at rentals they can afford, or (3) [that] there is a shortage of 202
267	267	safe or sanitary dwelling accommodations in the municipality available 203
268	268	to families of moderate income at rentals they can afford. In determining 204
269	269	whether dwelling accommodations are unsafe or insanitary, [said] such 205
270	270	governing body may take into consideration the degree of 206
271	271	overcrowding, the percentage of land coverage, the light, air, space and 207
272	272	access available to the inhabitants of such dwelling accommodations, 208
273	273	the size and arrangement of the rooms, the sanitary facilities and the 209
274	274	extent to which conditions exist in such buildings which endanger life 210
275	275	or property by fire or other causes. 211
276	276	(b) The governing bodies of two or more municipalities may create a 212
277	277	regional housing authority, which shall have all the powers, duties and 213
278	278	responsibilities conferred upon housing authorities by this chapter and 214
279	279	chapter 130. The area of operation of such authority shall include the 215
280	280	municipalities for which such authority is created, provided, in the case 216
281	281	of a municipal area of operation that includes a neighboring 217
282	282	municipality, the neighboring municipality agrees by proper resolution 218
283	283	to the expansion of the area of operation to include such neighboring 219
284	284	municipality. Such authority shall act through a board of commissioners 220
285	285	composed of two representatives from each municipality appointed for 221
286	286	terms of four years in the manner provided in section 8-41. 222
287	287	(c) Any housing authority may adopt an expanded area of operation. 223
288	288	Sec. 3. Section 8-44b of the general statutes is repealed and the 224
289	289	following is substituted in lieu thereof (Effective October 1, 2020): 225
290	290	(a) Any housing authority created by section 8-40, as amended by this 226
291	291	act, shall have the power to establish and maintain a housing authority 227
292	292	police force, [the] except that no housing authority shall have the power 228
293	293	to establish or maintain a housing authority police force in an expanded 229
294	294	area of operation. The members of [which] any such police force shall 230
295	295	be employees of such housing authority and shall be known as housing 231
296	296	Raised Bill No. 110
297	297
298	298
299	299
300	300	LCO No. 975 9 of 21
301	301
302	302	authority police officers. Housing authority police officers shall be 232
303	303	appointed by the local board, agency or person empowered to appoint 233
304	304	municipal police officers, subject to approval of the housing authority. 234
305	305	The requirements for appointment as a police officer in the municipality 235
306	306	in which the housing authority is located, except for age and physical 236
307	307	qualifications, shall be mandatory for housing authority police officers 237
308	308	in such municipality. No person shall be appointed to such housing 238
309	309	authority police force unless [he] such person has been awarded a 239
310	310	certificate attesting to [his] such person's successful completion of an 240
311	311	approved municipal police basic training program, as provided in 241
312	312	section 7-294e. The initial appointment shall be for a probationary term 242
313	313	upon completion of which the appointing authority may promote such 243
314	314	probationary officers to permanent status; provided such promotion 244
315	315	shall be in accordance with procedures applicable to municipal police 245
316	316	officers in the municipality and shall be made subject to the approval of 246
317	317	the housing authority. Housing authority police officers shall have and 247
318	318	exercise the powers and authority conferred upon municipal police 248
319	319	officers and shall be subject to the ultimate supervision and control of 249
320	320	the chief of police of the municipality in which the housing authority 250
321	321	operates. 251
322	322	(b) Notwithstanding the provisions of subsection (a) of this section, 252
323	323	any housing authority police force which existed prior to October 1, 253
324	324	1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 254
325	325	Demonstration Cities and Metropolitan Development Act of 1966, and 255
326	326	which, for any reason, does not constitute a housing authority police 256
327	327	force pursuant to subsection (a) of this section, shall constitute a housing 257
328	328	authority police force pursuant to this subsection and the members of 258
329	329	any such police [forces] force may exercise the powers granted to such 259
330	330	members pursuant to this subsection. The members of such police force 260
331	331	may act, at the expense of the municipality, as special police officers 261
332	332	upon property owned or managed by any housing authority. Such 262
333	333	special police officers: (1) May arrest, without previous complaint and 263
334	334	warrant, any person for any offense in their jurisdiction, when such 264
335	335	Raised Bill No. 110
336	336
337	337
338	338
339	339	LCO No. 975 10 of 21
340	340
341	341	person is taken or apprehended in the act or on the speedy information 265
342	342	of others; (2) when in the immediate pursuit of one who may be arrested 266
343	343	under the provisions of this subsection, may pursue such offender 267
344	344	outside of their jurisdiction into any part of the municipality to effect an 268
345	345	arrest; (3) shall be peace officers as defined in subdivision (9) of section 269
346	346	53a-3; (4) shall have the authority to serve criminal process within their 270
347	347	jurisdiction; (5) shall, when on duty, wear a uniform, distinct in color 271
348	348	from that worn by the police officers of the municipality; (6) shall, when 272
349	349	on duty, wear in plain view a shield, distinct in shape from that worn 273
350	350	by the police officers of the municipality which shall bear the words 274
351	351	"special police"; (7) shall complete a forty-hour basic training program 275
352	352	provided by the municipality within one hundred eighty days of June 276
353	353	27, 1983; and (8) shall take an oath of office. 277
354	354	Sec. 4. Section 8-50 of the general statutes is repealed and the 278
355	355	following is substituted in lieu thereof (Effective October 1, 2020): 279
356	356	An authority shall have the right to acquire by the exercise of the 280
357	357	power of eminent domain any real property that is not located in an 281
358	358	expanded area of operation which it deems necessary for its purposes 282
359	359	under this chapter after the adoption by [it] such authority of a 283
360	360	resolution declaring that the acquisition of such real property described 284
361	361	[therein] in such resolution is necessary for such purposes. An authority, 285
362	362	in its own name and at its own expense and cost, may prefer a petition 286
363	363	and exercise the power of eminent domain in the manner provided in 287
364	364	section 48-12 and acts supplementary thereto, except that a housing 288
365	365	authority's power of eminent domain shall not extend to an expanded 289
366	366	area of operation. Property already devoted to a public use may be 290
367	367	acquired, provided no real property belonging to the municipality, the 291
368	368	state or any political subdivision thereof may be acquired without its 292
369	369	consent. 293
370	370	Sec. 5. Section 8-45a of the general statutes is repealed and the 294
371	371	following is substituted in lieu thereof (Effective October 1, 2020): 295
372	372	Raised Bill No. 110
373	373
374	374
375	375
376	376	LCO No. 975 11 of 21
377	377
378	378	A housing authority, as defined in [subsection (b) of] section 8-39, as 296
379	379	amended by this act, in determining eligibility for the rental of public 297
380	380	housing units may establish criteria and consider relevant information 298
381	381	concerning (1) an applicant's or any proposed occupant's history of 299
382	382	criminal activity involving: (A) Crimes of physical violence to persons 300
383	383	or property, (B) crimes involving the illegal manufacture, sale, 301
384	384	distribution or use of, or possession with intent to manufacture, sell, use 302
385	385	or distribute, a controlled substance, as defined in section 21a-240, or (C) 303
386	386	other criminal acts which would adversely affect the health, safety or 304
387	387	welfare of other tenants, (2) an applicant's or any proposed occupant's 305
388	388	abuse, or pattern of abuse, of alcohol when the housing authority has 306
389	389	reasonable cause to believe that such applicant's or proposed occupant's 307
390	390	abuse, or pattern of abuse, of alcohol may interfere with the health, 308
391	391	safety or right to peaceful enjoyment of the premises by other residents, 309
392	392	and (3) an applicant or any proposed occupant who is subject to a 310
393	393	lifetime registration requirement under section 54-252 on account of 311
394	394	being convicted or found not guilty by reason of mental disease or defect 312
395	395	of a sexually violent offense. In evaluating any such information, the 313
396	396	housing authority shall give consideration to the time, nature and extent 314
397	397	of the applicant's or proposed occupant's conduct and to factors which 315
398	398	might indicate a reasonable probability of favorable future conduct such 316
399	399	as evidence of rehabilitation and evidence of the willingness of the 317
400	400	applicant, the applicant's family or the proposed occupant to participate 318
401	401	in social service or other appropriate counseling programs and the 319
402	402	availability of such programs. 320
403	403	Sec. 6. Subdivision (29) of section 12-412 of the 2020 supplement to 321
404	404	the general statutes is repealed and the following is substituted in lieu 322
405	405	thereof (Effective October 1, 2020): 323
406	406	(29) (A) Sales of and the storage, use or other consumption of tangible 324
407	407	personal property acquired for incorporation into or used and 325
408	408	consumed in the operation of housing facilities for low and moderate 326
409	409	income families and persons and sales of and the acceptance, use or 327
410	410	other consumption of any service described in subdivision (2) of section 328
411	411	Raised Bill No. 110
412	412
413	413
414	414
415	415	LCO No. 975 12 of 21
416	416
417	417	12-407 that is used and consumed in the development, construction, 329
418	418	rehabilitation, renovation, repair or operation of housing facilities for 330
419	419	low and moderate income families and persons, provided such facilities 331
420	420	are constructed under the sponsorship of and owned or operated by 332
421	421	nonprofit housing organizations or housing authorities, as defined in 333
422	422	[subsection (b)] subdivision (2) of section 8-39, as amended by this act. 334
423	423	The nonprofit housing organization or housing authority sponsoring 335
424	424	the construction of or owning or operating such housing facility shall 336
425	425	obtain from the commissioner a letter of determination that the housing 337
426	426	facility has, to the satisfaction of said commissioner, met all the 338
427	427	requirements for exemption under this subsection. At the time of any 339
428	428	sale or purchase that is exempt under this subsection, the purchaser 340
429	429	shall present to the retailer a copy of the determination letter that was 341
430	430	issued to the nonprofit housing organization or housing authority 342
431	431	together with a certificate from the purchaser, in such form as the 343
432	432	commissioner may prescribe, certifying that the tangible personal 344
433	433	property or services that are being purchased from the retailer are to be 345
434	434	used or consumed exclusively for the purposes of incorporation into or 346
435	435	in the development, construction, rehabilitation, renovation, repair or 347
436	436	operation of the housing facility identified in the letter of determination. 348
437	437	For the purposes of this subsection, (i) "nonprofit housing organization" 349
438	438	means any organization which has as one of its purposes the 350
439	439	development, construction, sponsorship or ownership of housing for 351
440	440	low and moderate income families as stated in its charter, if it is 352
441	441	incorporated, or its constitution or bylaws, if it is unincorporated, and 353
442	442	which has received exemption from federal income tax under the 354
443	443	provisions of Section 501(c) of the Internal Revenue Code, as amended 355
444	444	from time to time, provided the charter of such organization, if it is 356
445	445	incorporated, or its constitution or bylaws, if unincorporated, shall 357
446	446	contain a provision that no officer, member or employee thereof shall 358
447	447	receive or at any future time may receive any pecuniary profit from the 359
448	448	operation thereof, except a reasonable compensation for services in 360
449	449	effecting the purposes of the organization; (ii) "housing facilities" means 361
450	450	facilities having as their primary purpose the provision of safe and 362
451	451	Raised Bill No. 110
452	452
453	453
454	454
455	455	LCO No. 975 13 of 21
456	456
457	457	adequate housing and related facilities for low and moderate income 363
458	458	families and persons, notwithstanding that said housing provides other 364
459	459	dwelling accommodations in addition to the primary purpose of 365
460	460	providing dwelling accommodations for low and moderate income 366
461	461	families; (iii) "related facilities" means those facilities defined in 367
462	462	subsection (d) of section 8-243; and (iv) "low and moderate income 368
463	463	families" means those families as defined in subsection (h) of said 369
464	464	section 8-243. 370
465	465	(B) Sales of and the acceptance, use or other consumption of any 371
466	466	service described in subdivision (2) of section 12-407 that is used or 372
467	467	consumed in the development, construction, renovation or operation of 373
468	468	housing facilities for low and moderate income families and persons, 374
469	469	provided such facilities are owned or sponsored by a mutual housing 375
470	470	association, as defined in subsection (b) of section 8-214f, and operated 376
471	471	as mutual housing by such association at a location that was conveyed 377
472	472	to such association by the United States Secretary of Housing and Urban 378
473	473	Development prior to September 1, 1995. 379
474	474	Sec. 7. Section 8-389 of the general statutes is repealed and the 380
475	475	following is substituted in lieu thereof (Effective October 1, 2020): 381
476	476	Upon the incorporation of a successfully negotiated regional fair 382
477	477	housing compact into a regional plan of conservation and development 383
478	478	by a regional planning agency pursuant to section 8-386, the 384
479	479	Commissioner of Housing and the Connecticut Housing Authority may 385
480	480	give priority to any application for financial or technical assistance made 386
481	481	by a municipality, housing authority or eligible developer as defined in 387
482	482	[subsection (u) of] section 8-39, as amended by this act, in connection 388
483	483	with any project located in a municipality which has approved the 389
484	484	regional fair housing compact pursuant to section 8-386. 390
485	485	Sec. 8. Subsection (i) of section 12-631 of the general statutes is 391
486	486	repealed and the following is substituted in lieu thereof (Effective October 392
487	487	1, 2020): 393
488	488	Raised Bill No. 110
489	489
490	490
491	491
492	492	LCO No. 975 14 of 21
493	493
494	494	(i) "Families of low and moderate income" means families meeting 394
495	495	the criteria for designation as families of low and moderate income 395
496	496	established by the Commissioner of Housing pursuant to [subsection 396
497	497	(f)] subdivision (8) of section 8-39, as amended by this act. 397
498	498	Sec. 9. Section 8-113a of the general statutes is repealed and the 398
499	499	following is substituted in lieu thereof (Effective October 1, 2020): 399
500	500	The following terms, wherever used or referred to in this part, [shall] 400
501	501	have the following respective meanings, unless a different meaning 401
502	502	clearly appears from the context: 402
503	503	[(a)] (1) "Authority" or "housing authority" means any of the public 403
504	504	corporations created by section 8-40, as amended by this act. 404
505	505	[(b) "Municipality" means any city, borough or town. "The 405
506	506	municipality" means the particular municipality for which a particular 406
507	507	housing authority is created. 407
508	508	(c) "Governing body" means, for towns having a town council, the 408
509	509	council; for other towns, the selectmen; for cities, the common council 409
510	510	or other similar body of officials; and for boroughs, the warden and 410
511	511	burgesses. 411
512	512	(d) "Mayor" means, for cities, the mayor, and, for boroughs, the 412
513	513	warden. "Clerk" means the clerk of the particular city, borough or town 413
514	514	for which a particular housing authority is created. 414
515	515	(e) "Area of operation" shall include the municipality in which a 415
516	516	housing authority is created under the provisions of this chapter, and 416
517	517	may include a neighboring municipality, provided the governing body 417
518	518	of such neighboring municipality shall agree by proper resolution to the 418
519	519	extension of the area of operation to include such neighboring 419
520	520	municipality.] 420
521	521	(2) "Bonds" means any bonds, notes, interim certificates, certificates 421
522	522	of indebtedness, debentures or other obligations issued by the authority 422
523	523	Raised Bill No. 110
524	524
525	525
526	526
527	527	LCO No. 975 15 of 21
528	528
529	529	pursuant to this chapter. 423
530	530	(3) "Elderly persons" means persons sixty-two years of age and over 424
531	531	who lack the amount of income which is necessary, as determined by 425
532	532	the authority or nonprofit corporation, subject to approval by the 426
533	533	Commissioner of Housing, to enable them to live in decent, safe and 427
534	534	sanitary dwellings without financial assistance as provided under this 428
535	535	part, or persons who have been certified by the Social Security Board as 429
536	536	being totally disabled under the federal Social Security Act or certified 430
537	537	by any other federal board or agency as being totally disabled. 431
538	538	(4) "Housing partnership" means any partnership, limited 432
539	539	partnership, joint venture, trust or association consisting of (A) a 433
540	540	housing authority, a nonprofit corporation or both, and (B) (i) a business 434
541	541	corporation incorporated pursuant to chapter 601 or any predecessor 435
542	542	statutes thereto, having as one of its purposes the construction, 436
543	543	rehabilitation, ownership or operation of housing, and having articles of 437
544	544	incorporation approved by the commissioner in accordance with 438
545	545	regulations adopted pursuant to section 8-79a or 8-84, (ii) a for-profit 439
546	546	partnership, limited partnership, joint venture, trust, limited liability 440
547	547	company or association having as one of its purposes the construction, 441
548	548	rehabilitation, ownership or operation of housing, and having basic 442
549	549	documents of organization approved by the commissioner in 443
550	550	accordance with regulations adopted pursuant to section 8-79a or 8-84, 444
551	551	or (iii) any combination of the entities included under subparagraphs 445
552	552	(B)(i) and (B)(ii) of this subdivision. 446
553	553	[(f)] (5) "Housing project" means any work or undertaking [(1)] (A) to 447
554	554	demolish, clear or remove buildings from any slum area, which work or 448
555	555	undertaking may embrace the adaptation of such area to public 449
556	556	purposes, including parks or other recreational or community purposes; 450
557	557	[(2)] (B) to provide decent, safe and sanitary urban or rural dwellings, 451
558	558	apartments or other living accommodations for elderly persons, which 452
559	559	work or undertaking may include buildings, land, equipment, facilities 453
560	560	and other real or personal property for necessary, convenient or 454
561	561	Raised Bill No. 110
562	562
563	563
564	564
565	565	LCO No. 975 16 of 21
566	566
567	567	desirable appurtenances, streets, sewers, water service, parks, site 455
568	568	preparation, gardening, administrative, community, recreational or 456
569	569	welfare purposes; [(3)] (C) to provide a continuum of housing 457
570	570	comprising independent living accommodations, residential care, 458
571	571	intermediate housing facilities and skilled nursing care and facilities 459
572	572	with ready access to medical and hospital services; or [(4)] (D) to 460
573	573	accomplish a combination of [the foregoing] purposes specified in 461
574	574	subparagraphs (A) to (C), inclusive, of this subdivision. The term 462
575	575	"housing project" also may be applied to the planning of the buildings 463
576	576	and improvements, the acquisition of property, the demolition of 464
577	577	existing structures, the construction, reconstruction, alteration and 465
578	578	repair of the improvements and all other work in connection therewith. 466
579	579	[(g) "Bonds" means any bonds, notes, interim certificates, certificates 467
580	580	of indebtedness, debentures or other obligations issued by the authority 468
581	581	pursuant to this chapter. 469
582	582	(h) "Real property" shall include all lands, including improvements 470
583	583	and fixtures thereon, and property of any nature appurtenant thereto, 471
584	584	or used in connection therewith, and every estate, interest and right, 472
585	585	legal or equitable, therein, including terms for years and liens by way of 473
586	586	judgment, mortgage or otherwise and the indebtedness secured by such 474
587	587	liens. 475
588	588	(i) "Obligee of the authority" or "obligee" shall include any 476
589	589	bondholder, trustee or trustees for any bondholders, or lessor demising 477
590	590	to the authority property used in connection with a housing project, or 478
591	591	any assignee or assignees of such lessor's interest or any part thereof, 479
592	592	and the state government when it is a party to any contract with the 480
593	593	authority. 481
594	594	(j) "State public body" means any city, borough, town, municipal 482
595	595	corporation, district or other subdivision of the state.] 483
596	596	[(k)] (6) "Rent" means the entire amount paid to a local authority, 484
597	597	nonprofit corporation or housing partnership for any dwelling unit. 485
598	598	Raised Bill No. 110
599	599
600	600
601	601
602	602	LCO No. 975 17 of 21
603	603
604	604	[(l)] (7) "Shelter rent" means "rent" as defined [herein] in this section, 486
605	605	less any charges made by a local authority, nonprofit corporation or 487
606	606	housing partnership for water, heat, gas, electricity and sewer use 488
607	607	charges. 489
608	608	[(m) "Elderly persons" means persons sixty-two years of age and over 490
609	609	who lack the amount of income which is necessary, as determined by 491
610	610	the authority or nonprofit corporation, subject to approval by the 492
611	611	Commissioner of Housing, to enable them to live in decent, safe and 493
612	612	sanitary dwellings without financial assistance as provided under this 494
613	613	part, or persons who have been certified by the Social Security Board as 495
614	614	being totally disabled under the federal Social Security Act or certified 496
615	615	by any other federal board or agency as being totally disabled. 497
616	616	(n) "Housing partnership" means any partnership, limited 498
617	617	partnership, joint venture, trust or association consisting of (1) a housing 499
618	618	authority, a nonprofit corporation or both and (2) (A) a business 500
619	619	corporation incorporated pursuant to chapter 601 or any predecessor 501
620	620	statutes thereto, having as one of its purposes the construction, 502
621	621	rehabilitation, ownership or operation of housing, and having articles of 503
622	622	incorporation approved by the commissioner in accordance with 504
623	623	regulations adopted pursuant to section 8-79a or 8-84, (B) a for-profit 505
624	624	partnership, limited partnership, joint venture, trust, limited liability 506
625	625	company or association having as one of its purposes the construction, 507
626	626	rehabilitation, ownership or operation of housing, and having basic 508
627	627	documents of organization approved by the commissioner in 509
628	628	accordance with regulations adopted pursuant to section 8-79a or 8-84 510
629	629	or (C) any combination of the entities included under subparagraphs 511
630	630	(A) and (B) of this subdivision.] 512
631	631	Sec. 10. Subsection (a) of section 8-116c of the general statutes is 513
632	632	repealed and the following is substituted in lieu thereof (Effective October 514
633	633	1, 2020): 515
634	634	(a) An elderly person [, as defined in subsection (m) of section 8-113a,] 516
635	635	Raised Bill No. 110
636	636
637	637
638	638
639	639	LCO No. 975 18 of 21
640	640
641	641	shall not be eligible to move into a housing project [, as defined in 517
642	642	subsection (f) of section 8-113a,] if the person (1) is currently using 518
643	643	illegal drugs, (2) is currently abusing alcohol and has a recent history of 519
644	644	disruptive or dangerous behavior and whose tenancy (A) would 520
645	645	constitute a direct threat to the health or safety of another individual or 521
646	646	(B) would result in substantial physical damage to the property of 522
647	647	another, (3) has a recent history of disruptive or dangerous behavior and 523
648	648	whose tenancy (A) would constitute a direct threat to the health and 524
649	649	safety of another individual or (B) would result in substantial physical 525
650	650	damage to the property of another, or (4) was convicted of the illegal 526
651	651	sale or possession of a controlled substance, as defined in section 21a-527
652	652	240, within the prior twenty-four-month period. 528
653	653	Sec. 11. Section 8-116d of the general statutes is repealed and the 529
654	654	following is substituted in lieu thereof (Effective October 1, 2020): 530
655	655	Any elderly person [, as defined in subsection (m) of section 8-113a,] 531
656	656	who applies for and is accepted for admission to a housing project 532
657	657	pursuant to this part or part VII of this chapter or pursuant to any other 533
658	658	state or federal housing assistance program may terminate the lease or 534
659	659	rental agreement for the dwelling unit that he or she occupies at the time 535
660	660	of such acceptance, without the penalty or liability for the remaining 536
661	661	term of the lease or rental agreement, upon giving thirty days' written 537
662	662	notice to the landlord of such dwelling unit. 538
663	663	Sec. 12. Section 8-119h of the general statutes is repealed and the 539
664	664	following is substituted in lieu thereof (Effective October 1, 2020): 540
665	665	Upon preliminary approval by the State Bond Commission pursuant 541
666	666	to the provisions of section 3-20, the state, acting by and through the 542
667	667	Commissioner of Housing, may enter into a contract or contracts with 543
668	668	an authority, a municipal developer, a nonprofit corporation or a 544
669	669	housing partnership for state financial assistance for a congregate 545
670	670	housing project, in the form of capital grants, interim loans, permanent 546
671	671	loans, deferred loans or any combination thereof for application to the 547
672	672	Raised Bill No. 110
673	673
674	674
675	675
676	676	LCO No. 975 19 of 21
677	677
678	678	development cost of such project or projects. A contract with an 548
679	679	authority, a municipal developer, a nonprofit corporation or a housing 549
680	680	partnership may provide that in the case of any loan made in 550
681	681	conjunction with any housing assistance funds provided by an agency 551
682	682	of the United States government, if such housing assistance funds 552
683	683	terminate prior to complete repayment of a loan made pursuant to this 553
684	684	section, the remaining balance of such loan may be converted to a capital 554
685	685	grant or decreased loan. Any such state assistance contract with an 555
686	686	authority, a municipal developer, a nonprofit corporation or a housing 556
687	687	partnership for a capital grant or loan entered into prior to the time 557
688	688	housing assistance funds became available from an agency of the United 558
689	689	States government, may, upon the mutual consent of the commissioner 559
690	690	and the authority, municipal developer, nonprofit corporation or 560
691	691	housing partnership, be renegotiated to provide for a loan or increased 561
692	692	loan in the place of a capital grant or loan or a part thereof, consistent 562
693	693	with the above conditions. Such capital grants or loans shall be in an 563
694	694	amount not in excess of the development cost of the project or projects, 564
695	695	including, in the case of grants or loans financed from the proceeds of 565
696	696	the state's general obligation bonds issued pursuant to any 566
697	697	authorization, allocation or approval of the State Bond Commission 567
698	698	made prior to July 1, 1990, administrative or other cost or expense to be 568
699	699	incurred by the state in connection therewith, as approved by said 569
700	700	commissioner. In anticipation of final payment of such capital grants or 570
701	701	loans, the state, acting by and through said commissioner and in 571
702	702	accordance with such contract, may make temporary advances to the 572
703	703	authority, municipal developer, nonprofit corporation or housing 573
704	704	partnership for preliminary planning expense or other development 574
705	705	cost of such project or projects. Any loan provided pursuant to this 575
706	706	section shall bear interest at a rate to be determined in accordance with 576
707	707	subsection (t) of section 3-20. Any such authority, municipal developer, 577
708	708	nonprofit corporation or housing partnership may, subject to the 578
709	709	approval of the Commissioner of Housing, contract with any other 579
710	710	person approved by the Commissioner of Housing for the operation of 580
711	711	a project undertaken pursuant to this part. As used in this section, 581
712	712	Raised Bill No. 110
713	713
714	714
715	715
716	716	LCO No. 975 20 of 21
717	717
718	718	"housing partnership" has the same meaning as provided in [subsection 582
719	719	(n) of] section 8-113a, as amended by this act. 583
720	720	Sec. 13. Section 8-119l of the general statutes is repealed and the 584
721	721	following is substituted in lieu thereof (Effective October 1, 2020): 585
722	722	The state, acting by and through the Commissioner of Housing, may 586
723	723	enter into a contract or contracts with an authority, a municipal 587
724	724	developer, a nonprofit corporation or a housing partnership for state 588
725	725	financial assistance in the form of a grant-in-aid for an operating cost 589
726	726	subsidy for state-financed congregate housing projects developed 590
727	727	pursuant to this part. In calculating the amount of the grant-in-aid, the 591
728	728	commissioner shall use adjusted gross income of tenants. As used in this 592
729	729	section, "adjusted gross income" means annual aggregate income from 593
730	730	all sources minus fifty per cent of all unreimbursable medical expenses. 594
731	731	As used in this section, "housing partnership" has the same meaning as 595
732	732	provided in [subsection (n) of] section 8-113a, as amended by this act. 596
733	733	This act shall take effect as follows and shall amend the following
734	734	sections:
735	735
736	736	Section 1 October 1, 2020 8-39
737	737	Sec. 2 October 1, 2020 8-40
738	738	Sec. 3 October 1, 2020 8-44b
739	739	Sec. 4 October 1, 2020 8-50
740	740	Sec. 5 October 1, 2020 8-45a
741	741	Sec. 6 October 1, 2020 12-412(29)
742	742	Sec. 7 October 1, 2020 8-389
743	743	Sec. 8 October 1, 2020 12-631(i)
744	744	Sec. 9 October 1, 2020 8-113a
745	745	Sec. 10 October 1, 2020 8-116c(a)
746	746	Sec. 11 October 1, 2020 8-116d
747	747	Sec. 12 October 1, 2020 8-119h
748	748	Sec. 13 October 1, 2020 8-119l
749	749	Raised Bill No. 110
750	750
751	751
752	752
753	753	LCO No. 975 21 of 21
754	754
755	755
756	756	Statement of Purpose:
757	757	To allow a housing authority to expand its jurisdiction to include certain
758	758	high and very high opportunity areas, as determined by the Department
759	759	of Housing.
760	760
761	761	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
762	762	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
763	763	underlined.]