Connecticut 2021 Regular Session

Connecticut House Bill HB06430 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	HB.docx
5		-	1 of 20
6	3
7		-	General Assembly Substitute Bill No. 6430
	4	+	LCO No. 2769 1 of 20
	5	+
	6	+	General Assembly Raised Bill No. 6430
8	7		January Session, 2021
	8	+	LCO No. 2769
9	9
	10	+
	11	+	Referred to Committee on HOUSING
	12	+
	13	+
	14	+	Introduced by:
	15	+	(HSG)
10	16
11	17
12	18
13	19
14	20		AN ACT CONCERNING HO USING AUTHORITY JURISDICTION.
15	21		Be it enacted by the Senate and House of Representatives in General
16	22		Assembly convened:
17	23
18	24		Section 1. Section 8-39 of the general statutes is repealed and the 1
19	25		following is substituted in lieu thereof (Effective October 1, 2021): 2
20	26		The following terms, wherever used or referred to in this chapter, 3
21	27		[shall] have the following respective meanings, unless a different 4
22	28		meaning clearly appears from the context: 5
23	29		[(a)] (1) "Area of operation" [includes the municipality in which a 6
24	30		housing authority is created under the provisions of this chapter and 7
25	31		may include a neighboring municipality, provided the governing body 8
26	32		of such neighboring municipality agrees by proper resolution to the 9
27	33		extension of the area of operation to include such neighboring 10
28	34		municipality] means a municipal area of operation and, if adopted by a 11
29	35		housing authority, includes an expanded area of operation. 12
30	36		[(b)] (2) "Authority" or "housing authority" means any of the public 13
31	37		corporations created by section 8-40, as amended by this act, and the 14
32		-	Connecticut Housing Authority when exercising the rights, powers, 15
33		-	duties or privileges of, or subject to the immunities or limitations of, 16
34		-	housing authorities pursuant to section 8-121. 17 Substitute Bill No. 6430
	38	+	Connecticut Housing Authority when exercising the rights, powers, 15 Raised Bill No. 6430
35	39
36	40
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40	41
	42	+	LCO No. 2769 2 of 20
	43	+
	44	+	duties or privileges of, or subject to the immunities or limitations of, 16
	45	+	housing authorities pursuant to section 8-121. 17
41	46		[(c)] (3) "Bonds" means any bonds, including refunding bonds, notes, 18
42	47		interim certificates, debentures or other obligations issued by the 19
43	48		authority pursuant to this chapter. 20
44	49		[(d)] (4) "Clerk" means the clerk of the particular city, borough or 21
45	50		town for which a particular housing authority is created. 22
46	51		(5) "Eligible developer" or "developer" means (A) a nonprofit 23
47	52		corporation; (B) any business corporation incorporated pursuant to 24
48	53		chapter 601 or any predecessor statutes thereto, having as one of its 25
49	54		purposes the construction, rehabilitation, ownership or operation of 26
50	55		housing, and having its articles of incorporation approved by the 27
51	56		Commissioner of Housing in accordance with regulations adopted 28
52	57		pursuant to section 8-79a or 8-84; (C) any partnership, limited 29
53	58		partnership, joint venture, trust, limited liability company or association 30
54	59		having as one of its purposes the construction, rehabilitation, ownership 31
55	60		or operation of housing, and having basic documents of organization 32
56	61		approved by the commissioner in accordance with regulations adopted 33
57	62		pursuant to section 8-79a or 8-84; (D) a housing authority; (E) a family 34
58	63		or person approved by the commissioner as qualified to own, construct, 35
59	64		rehabilitate, manage and maintain housing under a mortgage loan made 36
60	65		or insured under an agreement entered into pursuant to the provisions 37
61		-	of this chapter; or (F) a municipal developer. 38
	66	+	of this chapter; or (E) a municipal developer. 38
62	67		(6) "Expanded area of operation" means an area (A) adopted by a 39
63	68		housing authority; and (B) designated by the Department of Housing 40
64	69		pursuant to section 8-348 as a high or very high opportunity census 41
65		-	tract, provided any part of such census tract is located within ~~ten miles~~ 42
66		-	of the municipality in which the housing authority is located. 43
	70	+	tract, provided any part of such census tract is located within fifteen 42
	71	+	miles of the municipality in which the housing authority is located. 43
67	72		[(e)] (7) "Families of low income" means families who lack the amount 44
68	73		of income which is necessary, as determined by the authority 45
69	74		undertaking the housing project, to enable them, without financial 46
70		-	assistance, to live in decent, safe and sanitary dwellings, without 47
71		-	overcrowding. 48 Substitute Bill No. 6430
	75	+	assistance, to live in decent, safe and sanitary dwellings, without 47 Raised Bill No. 6430
72	76
73	77
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	81	+	overcrowding. 48
78	82		[(f)] (8) "Families of low and moderate income" means families who 49
79	83		lack the amount of income which is necessary, as determined by the 50
80	84		Commissioner of Housing, to enable them to rent or purchase moderate 51
81	85		cost housing without financial assistance as provided by this part and 52
82	86		parts II and III of this chapter. 53
83	87		(9) "Family" means a household consisting of one or more persons. 54
84	88		[(g)] (10) "Federal government" includes the United States of 55
85	89		America, the federal emergency administration of public works or any 56
86	90		other agency or instrumentality, corporate or otherwise, of the United 57
87	91		States of America. 58
88	92		[(h)] (11) "Governing body" means, for towns having a town council, 59
89	93		the council; for other towns, the selectmen; for cities, the common 60
90	94		council or other similar body of officials; and for boroughs, the warden 61
91	95		and burgesses. 62
92	96		[(i)] (12) "Housing project" means any work or undertaking [(1)] (A) 63
93	97		to demolish, clear or remove buildings from any slum area, which work 64
94	98		or undertaking may embrace the adaptation of such area to public 65
95	99		purposes, including parks or other recreational or community purposes; 66
96	100		[or (2)] (B) to provide decent, safe and sanitary urban or rural dwellings, 67
97	101		apartments or other living accommodations for families of low or 68
98	102		moderate income, which work or undertaking may include buildings, 69
99	103		land, equipment, facilities and other real or personal property for 70
100	104		necessary, convenient or desirable appurtenances, streets, sewers, water 71
101	105		service, parks, site preparation, gardening, administrative, community, 72
102	106		recreational, commercial or welfare purposes and may include the 73
103	107		acquisition and rehabilitation of existing dwelling units or structures to 74
104	108		be used for moderate or low rental units; or [(3)] (C) to accomplish a 75
105	109		combination of the [foregoing] purposes listed in subparagraphs (A) 76
106	110		and (B) of this subdivision. The term "housing project" also may [be 77
107	111		applied to] include the planning of the buildings and improvements, the 78
108		-	acquisition of property, the demolition of existing structures, the 79
109		-	construction, reconstruction, alteration and repair of the improvements 80 Substitute Bill No. 6430
	112	+	acquisition of property, the demolition of existing structures, the 79 Raised Bill No. 6430
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	117	+
	118	+	construction, reconstruction, alteration and repair of the improvements 80
116	119		and all other work in connection therewith and may include the 81
117	120		reconstruction, rehabilitation, alteration, or major repair of existing 82
118	121		buildings or improvements which were undertaken pursuant to parts II 83
119	122		and VI of this chapter. 84
120	123		[(j)] (13) "Mayor" means, for cities, the mayor and, for boroughs, the 85
121	124		warden. 86
122	125		[(k)] (14) "Moderate rental" means a rental which, as determined by 87
123	126		an authority with the concurrence of the Commissioner of Housing, is 88
124	127		below the level at which private enterprise is currently building a 89
125	128		needed volume of safe and sanitary dwellings for rental in the locality 90
126	129		involved; and "moderate rental housing project" means a housing 91
127	130		project, receiving state aid in the form of loans or grants, for families 92
128	131		unable to pay more than moderate rental. Such project may include the 93
129	132		reconstruction, rehabilitation, alteration, or major repair of existing 94
130	133		buildings or improvements which were undertaken pursuant to parts II 95
131	134		or VI of this chapter. 96
132	135		(15) "Mortgage" means a mortgage deed, deed of trust or other 97
133	136		instrument which constitutes a lien, whether first or second, on real 98
134	137		estate or on a leasehold under a lease having a remaining term, at the 99
135	138		time such mortgage is acquired, which does not expire for at least that 100
136	139		number of years beyond the maturity date of the obligation secured by 101
137	140		such mortgage as is equal to the number of years remaining until the 102
138	141		maturity date of such obligation. 103
139	142		(16) "Municipal area of operation" includes the municipality in which 104
140	143		a housing authority is created under the provisions of this chapter and 105
141	144		may include a neighboring municipality, as provided in section 8-40, as 106
142	145		amended by this act. 107
143	146		(17) "Municipal developer" means a municipality, which has not 108
144	147		declared by resolution a need for a housing authority pursuant to 109
145	148		section 8-40, as amended by this act, acting by and through its legislative 110
146		-	body, except that in any town in which a town meeting or representative 111 ~~Substitute~~ Bill No. 6430
	149	+	body, except that in any town in which a town meeting or representative 111 Raised Bill No. 6430
147	150
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	153	+	LCO No. 2769 5 of 20
152	154
153	155		town meeting is the legislative body, "municipal developer" means the 112
154	156		board of selectmen if such board is authorized to act as the municipal 113
155	157		developer by the town meeting or representative town meeting. 114
156	158		[(l)] (18) "Municipality" means any city, borough or town. "The 115
157	159		municipality" means the particular municipality for which a particular 116
158	160		housing authority is created. 117
159	161		(19) "Nonprofit corporation" means a nonprofit corporation 118
160	162		incorporated pursuant to chapter 602 or any predecessor statutes 119
161	163		thereto, having as one of its purposes the construction, rehabilitation, 120
162	164		ownership or operation of housing and having articles of incorporation 121
163	165		approved by the Commissioner of Housing in accordance with 122
164	166		regulations adopted pursuant to section 8-79a or 8-84. 123
165	167		[(m)] (20) "Obligee of the authority" or "obligee" includes any 124
166	168		bondholder, trustee or trustees for any bondholders, or lessor demising 125
167	169		to the authority property used in connection with a housing project, or 126
168	170		any assignee or assignees of such lessor's interest or any part thereof, 127
169	171		and the state or federal government when it is a party to any contract 128
170	172		with the authority. 129
171	173		[(n)] (21) "Real property" includes all lands, including improvements 130
172	174		and fixtures thereon, and property of any nature appurtenant thereto, 131
173	175		or used in connection therewith, and every estate, interest and right, 132
174	176		legal or equitable, therein, including terms for years and liens by way of 133
175	177		judgment, mortgage or otherwise and the indebtedness secured by such 134
176	178		liens. 135
177	179		[(o)] (22) "Rent" means the entire amount paid to an authority for any 136
178	180		dwelling unit. 137
179	181		[(p)] (23) "Shelter rent" means rent less any charges made by an 138
180	182		authority for water, heat, gas and electricity. 139
181	183		[(q)] (24) "Slum" means any area where dwellings predominate 140
182		-	which, by reason of dilapidation, overcrowding, faulty arrangement or 141 ~~Substitute~~ Bill No. 6430
	184	+	which, by reason of dilapidation, overcrowding, faulty arrangement or 141 Raised Bill No. 6430
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	187	+
	188	+	LCO No. 2769 6 of 20
188	189
189	190		design, lack of ventilation, light or sanitary facilities, or any combination 142
190	191		of these factors, are detrimental to safety, health and morals. 143
191	192		[(r)] (25) "State public body" means any city, borough, town, 144
192	193		municipal corporation, district or other subdivision of the state. 145
193	194		[(s)] (26) "Veteran" has the same meaning [assigned by] as provided 146
194	195		in section 27-103 and includes any officer of the United States Public 147
195	196		Health Service detailed by proper authority to duty with any of the 148
196	197		armed forces and the spouse or widow or widower of such veteran, 149
197	198		provided such veteran shall have served for a period of ninety days or 150
198	199		more in time of war after December 7, 1941, and shall have resided in 151
199	200		this state at any time continuously for two years. 152
200	201		[(t) "Family" means a household consisting of one or more persons. 153
201	202		(u) "Eligible developer" or "developer" means (1) a nonprofit 154
202	203		corporation; (2) any business corporation incorporated pursuant to 155
203	204		chapter 601 or any predecessor statutes thereto, having as one of its 156
204	205		purposes the construction, rehabilitation, ownership or operation of 157
205	206		housing, and having articles of incorporation approved by the 158
206	207		commissioner in accordance with regulations adopted pursuant to 159
207	208		section 8-79a or 8-84; (3) any partnership, limited partnership, joint 160
208	209		venture, trust, limited liability company or association having as one of 161
209	210		its purposes the construction, rehabilitation, ownership or operation of 162
210	211		housing, and having basic documents of organization approved by the 163
211	212		commissioner in accordance with regulations adopted pursuant to 164
212	213		section 8-79a or 8-84; (4) a housing authority; (5) a family or person 165
213	214		approved by the commissioner as qualified to own, construct, 166
214	215		rehabilitate, manage and maintain housing under a mortgage loan made 167
215	216		or insured under an agreement entered into pursuant to the provisions 168
216	217		of this chapter; or (6) a municipal developer. 169
217	218		(v) "Mortgage" means a mortgage deed, deed of trust, or other 170
218	219		instrument which shall constitute a lien, whether first or second, on real 171
219		-	estate or on a leasehold under a lease having a remaining term, at the 172 Substitute Bill No. 6430
	220	+	estate or on a leasehold under a lease having a remaining term, at the 172
	221	+	time such mortgage is acquired, which does not expire for at least that 173 Raised Bill No. 6430
220	222
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225	224
226		-	time such mortgage is acquired, which does not expire for at least that 173
	225	+	LCO No. 2769 7 of 20
	226	+
227	227		number of years beyond the maturity date of the obligation secured by 174
228	228		such mortgage as is equal to the number of years remaining until the 175
229	229		maturity date of such obligation. 176
230	230		(w) "Nonprofit corporation" means a nonprofit corporation 177
231	231		incorporated pursuant to chapter 602 or any predecessor statutes 178
232	232		thereto, having as one of its purposes the construction, rehabilitation, 179
233	233		ownership or operation of housing and having articles of incorporation 180
234	234		approved by the Commissioner of Housing in accordance with 181
235	235		regulations adopted pursuant to section 8-79a or 8-84. 182
236	236		(x) "Municipal developer" means a municipality, as defined in 183
237	237		subsection (l) of this section, which has not declared by resolution a need 184
238	238		for a housing authority pursuant to section 8-40, acting by and through 185
239	239		its legislative body, except that in any town in which a town meeting or 186
240	240		representative town meeting is the legislative body, "municipal 187
241	241		developer" means the board of selectmen if such board is authorized to 188
242	242		act as the municipal developer by the town meeting or representative 189
243	243		town meeting.] 190
244	244		Sec. 2. Section 8-40 of the general statutes is repealed and the 191
245	245		following is substituted in lieu thereof (Effective October 1, 2021): 192
246	246		(a) In each municipality of the state there is created a public body 193
247	247		corporate and politic to be known as the "housing authority" of the 194
248	248		municipality; provided such authority shall not transact any business or 195
249	249		exercise its powers [hereunder] under this section until the governing 196
250	250		body of the municipality by resolution declares that there is need for a 197
251	251		housing authority in the municipality, provided it shall find [(1)] that (1) 198
252	252		insanitary or unsafe inhabited dwelling accommodations exist in the 199
253	253		municipality, [or] (2) [that] there is a shortage of safe or sanitary 200
254	254		dwelling accommodations in the municipality available to families of 201
255	255		low income at rentals they can afford, or (3) [that] there is a shortage of 202
256	256		safe or sanitary dwelling accommodations in the municipality available 203
257		-	to families of moderate income at rentals they can afford. In determining 204 Substitute Bill No. 6430
	257	+	to families of moderate income at rentals they can afford. In determining 204
	258	+	whether dwelling accommodations are unsafe or insanitary, [said] such 205 Raised Bill No. 6430
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264		-	whether dwelling accommodations are unsafe or insanitary, [said] such 205
	262	+	LCO No. 2769 8 of 20
	263	+
265	264		governing body may take into consideration the degree of 206
266	265		overcrowding, the percentage of land coverage, the light, air, space and 207
267	266		access available to the inhabitants of such dwelling accommodations, 208
268	267		the size and arrangement of the rooms, the sanitary facilities and the 209
269	268		extent to which conditions exist in such buildings which endanger life 210
270	269		or property by fire or other causes. 211
271	270		(b) The governing bodies of two or more municipalities may create a 212
272	271		regional housing authority, which shall have all the powers, duties and 213
273	272		responsibilities conferred upon housing authorities by this chapter and 214
274	273		chapter 130. The area of operation of such authority shall include the 215
275	274		municipalities for which such authority is created, provided, in the case 216
276	275		of a municipal area of operation that includes a neighboring 217
277	276		municipality, the neighboring municipality agrees by proper resolution 218
278	277		to the expansion of the area of operation to include such neighboring 219
279	278		municipality. Such authority shall act through a board of commissioners 220
280	279		composed of two representatives from each municipality appointed for 221
281	280		terms of four years in the manner provided in section 8-41. 222
282	281		(c) Any housing authority may adopt an expanded area of operation. 223
283	282		Sec. 3. Section 8-44b of the general statutes is repealed and the 224
284	283		following is substituted in lieu thereof (Effective October 1, 2021): 225
285	284		(a) Any housing authority created by section 8-40, as amended by this 226
286	285		act, shall have the power to establish and maintain a housing authority 227
287	286		police force, [the] except that no housing authority shall have the power 228
288	287		to establish or maintain a housing authority police force in an expanded 229
289	288		area of operation. The members of [which] any such police force shall 230
290	289		be employees of such housing authority and shall be known as housing 231
291	290		authority police officers. Housing authority police officers shall be 232
292	291		appointed by the local board, agency or person empowered to appoint 233
293	292		municipal police officers, subject to approval of the housing authority. 234
294	293		The requirements for appointment as a police officer in the municipality 235
295		-	in which the housing authority is located, except for age and physical 236 Substitute Bill No. 6430
	294	+	in which the housing authority is located, except for age and physical 236
	295	+	qualifications, shall be mandatory for housing authority police officers 237 Raised Bill No. 6430
296	296
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302		-	qualifications, shall be mandatory for housing authority police officers 237
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	300	+
303	301		in such municipality. No person shall be appointed to such housing 238
304	302		authority police force unless [he] such person has been awarded a 239
305	303		certificate attesting to [his] such person's successful completion of an 240
306	304		approved municipal police basic training program, as provided in 241
307	305		section 7-294e. The initial appointment shall be for a probationary term 242
308	306		upon completion of which the appointing authority may promote such 243
309	307		probationary officers to permanent status; provided such promotion 244
310	308		shall be in accordance with procedures applicable to municipal police 245
311	309		officers in the municipality and shall be made subject to the approval of 246
312	310		the housing authority. Housing authority police officers shall have and 247
313	311		exercise the powers and authority conferred upon municipal police 248
314	312		officers and shall be subject to the ultimate supervision and control of 249
315	313		the chief of police of the municipality in which the housing authority 250
316	314		operates. 251
317	315		(b) Notwithstanding the provisions of subsection (a) of this section, 252
318	316		any housing authority police force which existed prior to October 1, 253
319	317		1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 254
320	318		Demonstration Cities and Metropolitan Development Act of 1966, and 255
321	319		which, for any reason, does not constitute a housing authority police 256
322	320		force pursuant to subsection (a) of this section, shall constitute a housing 257
323	321		authority police force pursuant to this subsection and the members of 258
324	322		any such police [forces] force may exercise the powers granted to such 259
325	323		members pursuant to this subsection. The members of such police force 260
326	324		may act, at the expense of the municipality, as special police officers 261
327	325		upon property owned or managed by any housing authority. Such 262
328	326		special police officers: (1) May arrest, without previous complaint and 263
329	327		warrant, any person for any offense in their jurisdiction, when such 264
330	328		person is taken or apprehended in the act or on the speedy information 265
331	329		of others; (2) when in the immediate pursuit of one who may be arrested 266
332	330		under the provisions of this subsection, may pursue such offender 267
333	331		outside of their jurisdiction into any part of the municipality to effect an 268
334	332		arrest; (3) shall be peace officers as defined in subdivision (9) of section 269
335		-	53a-3; (4) shall have the authority to serve criminal process within their 270 Substitute Bill No. 6430
	333	+	53a-3; (4) shall have the authority to serve criminal process within their 270
	334	+	jurisdiction; (5) shall, when on duty, wear a uniform, distinct in color 271 Raised Bill No. 6430
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342		-	jurisdiction; (5) shall, when on duty, wear a uniform, distinct in color 271
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	339	+
343	340		from that worn by the police officers of the municipality; (6) shall, when 272
344	341		on duty, wear in plain view a shield, distinct in shape from that worn 273
345	342		by the police officers of the municipality which shall bear the words 274
346	343		"special police"; (7) shall complete a forty-hour basic training program 275
347	344		provided by the municipality within one hundred eighty days of June 276
348	345		27, 1983; and (8) shall take an oath of office. 277
349	346		Sec. 4. Section 8-50 of the general statutes is repealed and the 278
350	347		following is substituted in lieu thereof (Effective October 1, 2021): 279
351	348		An authority shall have the right to acquire by the exercise of the 280
352	349		power of eminent domain any real property that is not located in an 281
353	350		expanded area of operation which it deems necessary for its purposes 282
354	351		under this chapter after the adoption by [it] such authority of a 283
355	352		resolution declaring that the acquisition of such real property described 284
356	353		[therein] in such resolution is necessary for such purposes. An authority, 285
357	354		in its own name and at its own expense and cost, may prefer a petition 286
358	355		and exercise the power of eminent domain in the manner provided in 287
359	356		section 48-12 and acts supplementary thereto, except that a housing 288
360	357		authority's power of eminent domain shall not extend to an expanded 289
361	358		area of operation. Property already devoted to a public use may be 290
362	359		acquired, provided no real property belonging to the municipality, the 291
363	360		state or any political subdivision thereof may be acquired without its 292
364	361		consent. 293
365	362		Sec. 5. Section 8-45a of the general statutes is repealed and the 294
366	363		following is substituted in lieu thereof (Effective October 1, 2021): 295
367	364		A housing authority, as defined in [subsection (b) of] section 8-39, as 296
368	365		amended by this act, in determining eligibility for the rental of public 297
369	366		housing units may establish criteria and consider relevant information 298
370	367		concerning (1) an applicant's or any proposed occupant's history of 299
371	368		criminal activity involving: (A) Crimes of physical violence to persons 300
372	369		or property, (B) crimes involving the illegal manufacture, sale, 301
373		-	distribution or use of, or possession with intent to manufacture, sell, use 302 Substitute Bill No. 6430
	370	+	distribution or use of, or possession with intent to manufacture, sell, use 302
	371	+	or distribute, a controlled substance, as defined in section 21a-240, or (C) 303 Raised Bill No. 6430
374	372
375	373
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379	374
380		-	or distribute, a controlled substance, as defined in section 21a-240, or (C) 303
	375	+	LCO No. 2769 11 of 20
	376	+
381	377		other criminal acts which would adversely affect the health, safety or 304
382	378		welfare of other tenants, (2) an applicant's or any proposed occupant's 305
383	379		abuse, or pattern of abuse, of alcohol when the housing authority has 306
384	380		reasonable cause to believe that such applicant's or proposed occupant's 307
385	381		abuse, or pattern of abuse, of alcohol may interfere with the health, 308
386	382		safety or right to peaceful enjoyment of the premises by other residents, 309
387	383		and (3) an applicant or any proposed occupant who is subject to a 310
388	384		lifetime registration requirement under section 54-252 on account of 311
389	385		being convicted or found not guilty by reason of mental disease or defect 312
390	386		of a sexually violent offense. In evaluating any such information, the 313
391	387		housing authority shall give consideration to the time, nature and extent 314
392	388		of the applicant's or proposed occupant's conduct and to factors which 315
393	389		might indicate a reasonable probability of favorable future conduct such 316
394	390		as evidence of rehabilitation and evidence of the willingness of the 317
395	391		applicant, the applicant's family or the proposed occupant to participate 318
396	392		in social service or other appropriate counseling programs and the 319
397	393		availability of such programs. 320
398	394		Sec. 6. Subdivision (29) of section 12-412 of the general statutes is 321
399	395		repealed and the following is substituted in lieu thereof (Effective October 322
400	396		1, 2021): 323
401	397		(29) (A) Sales of and the storage, use or other consumption of tangible 324
402	398		personal property acquired for incorporation into or used and 325
403	399		consumed in the operation of housing facilities for low and moderate 326
404	400		income families and persons and sales of and the acceptance, use or 327
405	401		other consumption of any service described in subdivision (2) of section 328
406	402		12-407 that is used and consumed in the development, construction, 329
407	403		rehabilitation, renovation, repair or operation of housing facilities for 330
408	404		low and moderate income families and persons, provided such facilities 331
409	405		are constructed under the sponsorship of and owned or operated by 332
410	406		nonprofit housing organizations or housing authorities, as defined in 333
411	407		[subsection (b)] subdivision (2) of section 8-39, as amended by this act. 334
412		-	The nonprofit housing organization or housing authority sponsoring 335 Substitute Bill No. 6430
	408	+	The nonprofit housing organization or housing authority sponsoring 335
	409	+	the construction of or owning or operating such housing facility shall 336
	410	+	obtain from the commissioner a letter of determination that the housing 337 Raised Bill No. 6430
413	411
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418	413
419		-	~~the construction~~ of ~~or owning or operating such housing facility shall 336~~
420		-	~~obtain from the commissioner a letter of determination that the housing 337~~
	414	+	LCO No. 2769 12 of 20
	415	+
421	416		facility has, to the satisfaction of said commissioner, met all the 338
422	417		requirements for exemption under this subsection. At the time of any 339
423	418		sale or purchase that is exempt under this subsection, the purchaser 340
424	419		shall present to the retailer a copy of the determination letter that was 341
425	420		issued to the nonprofit housing organization or housing authority 342
426	421		together with a certificate from the purchaser, in such form as the 343
427	422		commissioner may prescribe, certifying that the tangible personal 344
428	423		property or services that are being purchased from the retailer are to be 345
429	424		used or consumed exclusively for the purposes of incorporation into or 346
430	425		in the development, construction, rehabilitation, renovation, repair or 347
431	426		operation of the housing facility identified in the letter of determination. 348
432	427		For the purposes of this subsection, (i) "nonprofit housing organization" 349
433	428		means any organization which has as one of its purposes the 350
434	429		development, construction, sponsorship or ownership of housing for 351
435	430		low and moderate income families as stated in its charter, if it is 352
436	431		incorporated, or its constitution or bylaws, if it is unincorporated, and 353
437	432		which has received exemption from federal income tax under the 354
438	433		provisions of Section 501(c) of the Internal Revenue Code, as amended 355
439	434		from time to time, provided the charter of such organization, if it is 356
440	435		incorporated, or its constitution or bylaws, if unincorporated, shall 357
441	436		contain a provision that no officer, member or employee thereof shall 358
442	437		receive or at any future time may receive any pecuniary profit from the 359
443	438		operation thereof, except a reasonable compensation for services in 360
444	439		effecting the purposes of the organization; (ii) "housing facilities" means 361
445	440		facilities having as their primary purpose the provision of safe and 362
446	441		adequate housing and related facilities for low and moderate income 363
447	442		families and persons, notwithstanding that said housing provides other 364
448	443		dwelling accommodations in addition to the primary purpose of 365
449	444		providing dwelling accommodations for low and moderate income 366
450	445		families; (iii) "related facilities" means those facilities defined in 367
451	446		subsection (d) of section 8-243; and (iv) "low and moderate income 368
452	447		families" means those families as defined in subsection (h) of said 369
453		-	section 8-243. 370 Substitute Bill No. 6430
	448	+	section 8-243. 370
	449	+	(B) Sales of and the acceptance, use or other consumption of any 371 Raised Bill No. 6430
454	450
455	451
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459	452
460		-	(B) Sales of and the acceptance, use or other consumption of any 371
	453	+	LCO No. 2769 13 of 20
	454	+
461	455		service described in subdivision (2) of section 12-407 that is used or 372
462	456		consumed in the development, construction, renovation or operation of 373
463	457		housing facilities for low and moderate income families and persons, 374
464	458		provided such facilities are owned or sponsored by a mutual housing 375
465	459		association, as defined in subsection (b) of section 8-214f, and operated 376
466	460		as mutual housing by such association at a location that was conveyed 377
467	461		to such association by the United States Secretary of Housing and Urban 378
468	462		Development prior to September 1, 1995. 379
469	463		Sec. 7. Section 8-389 of the general statutes is repealed and the 380
470	464		following is substituted in lieu thereof (Effective October 1, 2021): 381
471	465		Upon the incorporation of a successfully negotiated regional fair 382
472	466		housing compact into a regional plan of conservation and development 383
473	467		by a regional planning agency pursuant to section 8-386, the 384
474	468		Commissioner of Housing and the Connecticut Housing Authority may 385
475	469		give priority to any application for financial or technical assistance made 386
476	470		by a municipality, housing authority or eligible developer as defined in 387
477	471		[subsection (u) of] section 8-39, as amended by this act, in connection 388
478	472		with any project located in a municipality which has approved the 389
479	473		regional fair housing compact pursuant to section 8-386. 390
480	474		Sec. 8. Subsection (i) of section 12-631 of the general statutes is 391
481	475		repealed and the following is substituted in lieu thereof (Effective October 392
482	476		1, 2021): 393
483	477		(i) "Families of low and moderate income" means families meeting 394
484	478		the criteria for designation as families of low and moderate income 395
485	479		established by the Commissioner of Housing pursuant to [subsection 396
486	480		(f)]subdivision (8) of section 8-39, as amended by this act. 397
487	481		Sec. 9. Section 8-113a of the general statutes is repealed and the 398
488	482		following is substituted in lieu thereof (Effective October 1, 2021): 399
489	483		The following terms, wherever used or referred to in this part, shall 400
490		-	have the following respective meanings, unless a different meaning 401 Substitute Bill No. 6430
	484	+	have the following respective meanings, unless a different meaning 401
	485	+	clearly appears from the context: 402 Raised Bill No. 6430
491	486
492	487
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496	488
497		-	clearly appears from the context: 402
	489	+	LCO No. 2769 14 of 20
	490	+
498	491		[(a)] (1) "Authority" or "housing authority" means any of the public 403
499	492		corporations created by section 8-40, as amended by this act. 404
500	493		[(b) "Municipality" means any city, borough or town. "The 405
501	494		municipality" means the particular municipality for which a particular 406
502	495		housing authority is created. 407
503	496		(c) "Governing body" means, for towns having a town council, the 408
504	497		council; for other towns, the selectmen; for cities, the common council 409
505	498		or other similar body of officials; and for boroughs, the warden and 410
506	499		burgesses. 411
507	500		(d) "Mayor" means, for cities, the mayor, and, for boroughs, the 412
508	501		warden. "Clerk" means the clerk of the particular city, borough or town 413
509	502		for which a particular housing authority is created. 414
510	503		(e) "Area of operation" shall include the municipality in which a 415
511	504		housing authority is created under the provisions of this chapter, and 416
512	505		may include a neighboring municipality, provided the governing body 417
513	506		of such neighboring municipality shall agree by proper resolution to the 418
514	507		extension of the area of operation to include such neighboring 419
515	508		municipality.] 420
516	509		(2) "Bonds" means any bonds, notes, interim certificates, certificates 421
517	510		of indebtedness, debentures or other obligations issued by the authority 422
518	511		pursuant to this chapter. 423
519	512		(3) "Elderly persons" means persons sixty-two years of age and over 424
520	513		who lack the amount of income which is necessary, as determined by 425
521	514		the authority or nonprofit corporation, subject to approval by the 426
522	515		Commissioner of Housing, to enable them to live in decent, safe and 427
523	516		sanitary dwellings without financial assistance as provided under this 428
524	517		part, or persons who have been certified by the Social Security Board as 429
525	518		being totally disabled under the federal Social Security Act or certified 430
526		-	by any other federal board or agency as being totally disabled. 431 Substitute Bill No. 6430
	519	+	by any other federal board or agency as being totally disabled. 431
	520	+	(4) "Housing partnership" means any partnership, limited 432 Raised Bill No. 6430
527	521
528	522
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531		-	15 of 20
532	523
533		-	(4) "Housing partnership" means any partnership, limited 432
	524	+	LCO No. 2769 15 of 20
	525	+
534	526		partnership, joint venture, trust or association consisting of (A) a 433
535	527		housing authority, a nonprofit corporation or both, and (B) (i) a business 434
536	528		corporation incorporated pursuant to chapter 601 or any predecessor 435
537	529		statutes thereto, having as one of its purposes the construction, 436
538	530		rehabilitation, ownership or operation of housing, and having articles of 437
539	531		incorporation approved by the commissioner in accordance with 438
540	532		regulations adopted pursuant to section 8-79a or 8-84, (ii) a for-profit 439
541	533		partnership, limited partnership, joint venture, trust, limited liability 440
542	534		company or association having as one of its purposes the construction, 441
543	535		rehabilitation, ownership or operation of housing, and having basic 442
544	536		documents of organization approved by the commissioner in 443
545	537		accordance with regulations adopted pursuant to section 8-79a or 8-84, 444
546	538		or (iii) any combination of the entities included under subparagraphs 445
547	539		(B)(i) and (B)(ii) of this subdivision. 446
548	540		[(f)] (5) "Housing project" means any work or undertaking [(1)] (A) to 447
549	541		demolish, clear or remove buildings from any slum area, which work or 448
550	542		undertaking may embrace the adaptation of such area to public 449
551	543		purposes, including parks or other recreational or community purposes; 450
552	544		[(2)] (B) to provide decent, safe and sanitary urban or rural dwellings, 451
553	545		apartments or other living accommodations for elderly persons, which 452
554	546		work or undertaking may include buildings, land, equipment, facilities 453
555	547		and other real or personal property for necessary, convenient or 454
556	548		desirable appurtenances, streets, sewers, water service, parks, site 455
557	549		preparation, gardening, administrative, community, recreational or 456
558	550		welfare purposes; [(3)] (C) to provide a continuum of housing 457
559	551		comprising independent living accommodations, residential care, 458
560	552		intermediate housing facilities and skilled nursing care and facilities 459
561	553		with ready access to medical and hospital services; or [(4)] (D) to 460
562	554		accomplish a combination of [the foregoing] purposes specified in 461
563	555		subparagraphs (A) to (C), inclusive, of this subdivision. The term 462
564	556		"housing project" also may be applied to the planning of the buildings 463
565	557		and improvements, the acquisition of property, the demolition of 464
566		-	existing structures, the construction, reconstruction, alteration and 465 Substitute Bill No. 6430
	558	+	existing structures, the construction, reconstruction, alteration and 465
	559	+	repair of the improvements and all other work in connection therewith. 466 Raised Bill No. 6430
567	560
568	561
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571		-	16 of 20
572	562
573		-	repair of the improvements and all other work in connection therewith. 466
	563	+	LCO No. 2769 16 of 20
	564	+
574	565		[(g) "Bonds" means any bonds, notes, interim certificates, certificates 467
575	566		of indebtedness, debentures or other obligations issued by the authority 468
576	567		pursuant to this chapter. 469
577	568		(h) "Real property" shall include all lands, including improvements 470
578	569		and fixtures thereon, and property of any nature appurtenant thereto, 471
579	570		or used in connection therewith, and every estate, interest and right, 472
580	571		legal or equitable, therein, including terms for years and liens by way of 473
581	572		judgment, mortgage or otherwise and the indebtedness secured by such 474
582	573		liens. 475
583	574		(i) "Obligee of the authority" or "obligee" shall include any 476
584	575		bondholder, trustee or trustees for any bondholders, or lessor demising 477
585	576		to the authority property used in connection with a housing project, or 478
586	577		any assignee or assignees of such lessor's interest or any part thereof, 479
587	578		and the state government when it is a party to any contract with the 480
588	579		authority. 481
589	580		(j) "State public body" means any city, borough, town, municipal 482
590	581		corporation, district or other subdivision of the state.] 483
591	582		[(k)] (6) "Rent" means the entire amount paid to a local authority, 484
592	583		nonprofit corporation or housing partnership for any dwelling unit. 485
593	584		[(l)] (7) "Shelter rent" means "rent" as defined [herein] in this section, 486
594	585		less any charges made by a local authority, nonprofit corporation or 487
595	586		housing partnership for water, heat, gas, electricity and sewer use 488
596	587		charges. 489
597	588		[(m) "Elderly persons" means persons sixty-two years of age and over 490
598	589		who lack the amount of income which is necessary, as determined by 491
599	590		the authority or nonprofit corporation, subject to approval by the 492
600	591		Commissioner of Housing, to enable them to live in decent, safe and 493
601	592		sanitary dwellings without financial assistance as provided under this 494
602		-	part, or persons who have been certified by the Social Security Board as 495 Substitute Bill No. 6430
	593	+	part, or persons who have been certified by the Social Security Board as 495
	594	+	being totally disabled under the federal Social Security Act or certified 496
	595	+	by any other federal board or agency as being totally disabled. 497 Raised Bill No. 6430
603	596
604	597
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608	598
609		-	~~being totally disabled under the federal Social Security Act or certified 496~~
610		-	~~by any other federal board or agency as being totally disabled. 497~~
	599	+	LCO No. 2769 17 of 20
	600	+
611	601		(n) "Housing partnership" means any partnership, limited 498
612	602		partnership, joint venture, trust or association consisting of (1) a housing 499
613	603		authority, a nonprofit corporation or both and (2) (A) a business 500
614	604		corporation incorporated pursuant to chapter 601 or any predecessor 501
615	605		statutes thereto, having as one of its purposes the construction, 502
616	606		rehabilitation, ownership or operation of housing, and having articles of 503
617	607		incorporation approved by the commissioner in accordance with 504
618	608		regulations adopted pursuant to section 8-79a or 8-84, (B) a for-profit 505
619	609		partnership, limited partnership, joint venture, trust, limited liability 506
620	610		company or association having as one of its purposes the construction, 507
621	611		rehabilitation, ownership or operation of housing, and having basic 508
622	612		documents of organization approved by the commissioner in 509
623	613		accordance with regulations adopted pursuant to section 8-79a or 8-84 510
624	614		or (C) any combination of the entities included under subparagraphs 511
625	615		(A) and (B) of this subdivision.] 512
626	616		Sec. 10. Subsection (a) of section 8-116c of the general statutes is 513
627	617		repealed and the following is substituted in lieu thereof (Effective October 514
628	618		1, 2021): 515
629	619		(a) An elderly person [, as defined in subsection (m) of section 8-113a,] 516
630	620		shall not be eligible to move into a housing project [, as defined in 517
631	621		subsection (f) of section 8-113a,] if the person (1) is currently using illegal 518
632	622		drugs, (2) is currently abusing alcohol and has a recent history of 519
633	623		disruptive or dangerous behavior and whose tenancy (A) would 520
634	624		constitute a direct threat to the health or safety of another individual or 521
635	625		(B) would result in substantial physical damage to the property of 522
636	626		another, (3) has a recent history of disruptive or dangerous behavior and 523
637	627		whose tenancy (A) would constitute a direct threat to the health and 524
638	628		safety of another individual or (B) would result in substantial physical 525
639	629		damage to the property of another, or (4) was convicted of the illegal 526
640	630		sale or possession of a controlled substance, as defined in section 21a-527
641		-	240, within the prior twenty-four-month period. 528 Substitute Bill No. 6430
	631	+	240, within the prior twenty-four-month period. 528
	632	+	Sec. 11. Section 8-116d of the general statutes is repealed and the 529
	633	+	following is substituted in lieu thereof (Effective October 1, 2021): 530 Raised Bill No. 6430
642	634
643	635
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646		-	18 of 20
647	636
648		-	~~Sec~~. ~~11. Section 8-116d~~ of ~~the general statutes is repealed and the 529~~
649		-	~~following is substituted in lieu thereof (Effective October 1, 2021): 530~~
	637	+	LCO No. 2769 18 of 20
	638	+
650	639		Any elderly person [, as defined in subsection (m) of section 8-113a,] 531
651	640		who applies for and is accepted for admission to a housing project 532
652	641		pursuant to this part or part VII of this chapter or pursuant to any other 533
653	642		state or federal housing assistance program may terminate the lease or 534
654	643		rental agreement for the dwelling unit that he or she occupies at the time 535
655	644		of such acceptance, without the penalty or liability for the remaining 536
656	645		term of the lease or rental agreement, upon giving thirty days' written 537
657	646		notice to the landlord of such dwelling unit. 538
658	647		Sec. 12. Section 8-119h of the general statutes is repealed and the 539
659	648		following is substituted in lieu thereof (Effective October 1, 2021): 540
660	649		Upon preliminary approval by the State Bond Commission pursuant 541
661	650		to the provisions of section 3-20, the state, acting by and through the 542
662	651		Commissioner of Housing, may enter into a contract or contracts with 543
663	652		an authority, a municipal developer, a nonprofit corporation or a 544
664	653		housing partnership for state financial assistance for a congregate 545
665	654		housing project, in the form of capital grants, interim loans, permanent 546
666	655		loans, deferred loans or any combination thereof for application to the 547
667	656		development cost of such project or projects. A contract with an 548
668	657		authority, a municipal developer, a nonprofit corporation or a housing 549
669	658		partnership may provide that in the case of any loan made in 550
670	659		conjunction with any housing assistance funds provided by an agency 551
671	660		of the United States government, if such housing assistance funds 552
672	661		terminate prior to complete repayment of a loan made pursuant to this 553
673	662		section, the remaining balance of such loan may be converted to a capital 554
674	663		grant or decreased loan. Any such state assistance contract with an 555
675	664		authority, a municipal developer, a nonprofit corporation or a housing 556
676	665		partnership for a capital grant or loan entered into prior to the time 557
677	666		housing assistance funds became available from an agency of the United 558
678	667		States government, may, upon the mutual consent of the commissioner 559
679	668		and the authority, municipal developer, nonprofit corporation or 560
680		-	housing partnership, be renegotiated to provide for a loan or increased 561 Substitute Bill No. 6430
	669	+	housing partnership, be renegotiated to provide for a loan or increased 561
	670	+	loan in the place of a capital grant or loan or a part thereof, consistent 562
	671	+	with the above conditions. Such capital grants or loans shall be in an 563
	672	+	amount not in excess of the development cost of the project or projects, 564 Raised Bill No. 6430
681	673
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686	675
687		-	loan in the place of a capital grant or loan or a part thereof, consistent 562
688		-	with the above conditions. Such capital grants or loans shall be in an 563
689		-	amount not in excess of the development cost of the project or projects, 564
	676	+	LCO No. 2769 19 of 20
	677	+
690	678		including, in the case of grants or loans financed from the proceeds of 565
691	679		the state's general obligation bonds issued pursuant to any 566
692	680		authorization, allocation or approval of the State Bond Commission 567
693	681		made prior to July 1, 1990, administrative or other cost or expense to be 568
694	682		incurred by the state in connection therewith, as approved by said 569
695	683		commissioner. In anticipation of final payment of such capital grants or 570
696	684		loans, the state, acting by and through said commissioner and in 571
697	685		accordance with such contract, may make temporary advances to the 572
698	686		authority, municipal developer, nonprofit corporation or housing 573
699	687		partnership for preliminary planning expense or other development 574
700	688		cost of such project or projects. Any loan provided pursuant to this 575
701	689		section shall bear interest at a rate to be determined in accordance with 576
702	690		subsection (t) of section 3-20. Any such authority, municipal developer, 577
703	691		nonprofit corporation or housing partnership may, subject to the 578
704	692		approval of the Commissioner of Housing, contract with any other 579
705	693		person approved by the Commissioner of Housing for the operation of 580
706	694		a project undertaken pursuant to this part. As used in this section, 581
707	695		"housing partnership" has the same meaning as provided in [subsection 582
708	696		(n) of] section 8-113a, as amended by this act. 583
709	697		Sec. 13. Section 8-119l of the general statutes is repealed and the 584
710	698		following is substituted in lieu thereof (Effective October 1, 2021): 585
711	699		The state, acting by and through the Commissioner of Housing, may 586
712	700		enter into a contract or contracts with an authority, a municipal 587
713	701		developer, a nonprofit corporation or a housing partnership for state 588
714	702		financial assistance in the form of a grant-in-aid for an operating cost 589
715	703		subsidy for state-financed congregate housing projects developed 590
716	704		pursuant to this part. In calculating the amount of the grant-in-aid, the 591
717	705		commissioner shall use adjusted gross income of tenants. As used in this 592
718	706		section, "adjusted gross income" means annual aggregate income from 593
719		-	all sources minus fifty per cent of all unreimbursable medical expenses. 594 Substitute Bill No. 6430
	707	+	all sources minus fifty per cent of all unreimbursable medical expenses. 594
	708	+	As used in this section, "housing partnership" has the same meaning as 595
	709	+	provided in [subsection (n) of] section 8-113a, as amended by this act. 596 Raised Bill No. 6430
720	710
721	711
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725	712
726		-	~~As used in this section,~~ ~~"housing partnership"~~ ~~has the same meaning as 595~~
727		-	~~provided in [subsection (n) of] section 8-113a, as amended by this act. 596~~
	713	+	LCO No. 2769 20 of 20
	714	+
728	715		This act shall take effect as follows and shall amend the following
729	716		sections:
730	717
731	718		Section 1 October 1, 2021 8-39
732	719		Sec. 2 October 1, 2021 8-40
733	720		Sec. 3 October 1, 2021 8-44b
734	721		Sec. 4 October 1, 2021 8-50
735	722		Sec. 5 October 1, 2021 8-45a
736	723		Sec. 6 October 1, 2021 12-412(29)
737	724		Sec. 7 October 1, 2021 8-389
738	725		Sec. 8 October 1, 2021 12-631(i)
739	726		Sec. 9 October 1, 2021 8-113a
740	727		Sec. 10 October 1, 2021 8-116c(a)
741	728		Sec. 11 October 1, 2021 8-116d
742	729		Sec. 12 October 1, 2021 8-119h
743	730		Sec. 13 October 1, 2021 8-119l
744	731
745		-	HSG Joint Favorable Subst.
	732	+	Statement of Purpose:
	733	+	To allow a housing authority to expand its jurisdiction to include certain
	734	+	high and very high opportunity areas, as determined by the Department
	735	+	of Housing.
	736	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	737	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	738	+	underlined.]
746	739