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 Section 8-39 of the general statutes is repealed and the 1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