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General Assembly Raised Bill No. 6431
January Session, 2021
LCO No. 2889
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING HO USING OPPORTUNITIES FOR JUSTICE-
IMPACTED PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-64b of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
As used in sections 46a-51 to 46a-99, inclusive, as amended by this 3
act, and section 2 of this act: 4
(1) "Conviction" means a judgment entered by a court upon a plea of 5
guilty, a plea of nolo contendere or a finding of guilty by a jury or the 6
court, notwithstanding any pending appeal or habeas corpus 7
proceeding arising from such judgment. 8
[(1)] (2) "Discriminatory housing practice" means any discriminatory 9
practice specified in section 46a-64c, section 2 of this act or section 46a-10
81e. 11
[(2)] (3) "Dwelling" means any building, structure, mobile 12
manufactured home park or portion thereof which is occupied as, or 13 Raised Bill No. 6431
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designed or intended for occupancy as, a residence by one or more 14
families, and any vacant land which is offered for sale or lease for the 15
construction or location thereon of any such building, structure, mobile 16
manufactured home park or portion thereof. 17
[(3)] (4) "Fair Housing Act" means Title VIII of the Civil Rights Act of 18
1968, as amended, and known as the federal Fair Housing Act (42 USC 19
3600-3620). 20
[(4)] (5) "Family" includes a single individual. 21
[(5)] (6) "Familial status" means one or more individuals who have 22
not attained the age of eighteen years being domiciled with a parent or 23
another person having legal custody of such individual or individuals; 24
or the designee of such parent or other person having such custody with 25
the written permission of such parent or other person; or any person 26
who is pregnant or is in the process of securing legal custody of any 27
individual who has not attained the age of eighteen years. 28
[(6)] (7) "Housing for older persons" means housing: (A) Provided 29
under any state or federal program that the Secretary of the United 30
States Department of Housing and Urban Development determines is 31
specifically designed and operated to assist elderly persons as defined 32
in the state or federal program; [or] (B) intended for, and solely occupied 33
by, persons sixty-two years of age or older; or (C) intended and operated 34
for occupancy by at least one person fifty-five years of age or older per 35
unit in accordance with the standards set forth in the Fair Housing Act 36
and regulations developed pursuant thereto by the Secretary of the 37
United States Department of Housing and Urban Development. 38
(8) "Housing Provider" means a landlord or owner, an agent of such 39
landlord or owner, a realtor, property manager, housing authority, as 40
created in section 8-40, public housing agency or other entity that 41
provides dwelling units to potential tenants. 42
(9) "Landlord" means the owner, lessor or sublessor of the dwelling 43
unit, the building of which it is a part or the premises. 44 Raised Bill No. 6431
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[(7)] (10) "Mobile manufactured home park" means a plot of land 45
upon which two or more mobile manufactured homes occupied for 46
residential purposes are located. 47
(11) "Owner" means one or more persons, jointly or severally, in 48
whom is vested (A) all or part of the legal title to property, or (B) all or 49
part of the beneficial ownership and a right to present use and 50
enjoyment of the premises and includes a mortgagee in possession. 51
[(8)] (12) "Physical or mental disability" includes, but is not limited to, 52
intellectual disability, as defined in section 1-1g, and physical disability, 53
as defined in subdivision (15) of section 46a-51, and also includes, but is 54
not limited to, persons who have a handicap as that term is defined in 55
the Fair Housing Act. 56
[(9)] (13) "Residential-real-estate-related transaction" means (A) the 57
making or purchasing of loans or providing other financial assistance 58
for purchasing, constructing, improving, repairing or maintaining a 59
dwelling, or secured by residential real estate; or (B) the selling, 60
brokering or appraising of residential real property. 61
[(10)] (14) "To rent" includes to lease, to sublease, to let and to 62
otherwise grant for a consideration the right to occupy premises not 63
owned by the occupant. 64
Sec. 2. (NEW) (Effective October 1, 2021) (a) Except as provided in 65
subsections (f) and (g) of this section, it shall be a discriminatory practice 66
in violation of this section for a housing provider to refuse to rent after 67
the making of a bona fide offer, or to refuse to negotiate for the rental of, 68
or otherwise make unavailable or deny a dwelling unit or deny 69
occupancy in a dwelling unit, to any person based on such person's 70
criminal record, except for a conviction for the commission of a felony 71
or misdemeanor described in subsection (b) of this section during the 72
ten years immediately preceding the rental application. 73
(b) Within the ten-year period specified in subsection (a) of this 74
section, a housing provider may only consider a criminal conviction of 75 Raised Bill No. 6431
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any person for the commission of a felony or misdemeanor that, if 76
repeated, would adversely affect the health, safety or welfare of other 77
tenants, including, but not limited to, a crime of physical violence to 78
persons or property. In ascertaining whether an applicant has 79
committed a crime, a housing provider shall comply with all applicable 80
laws, including, but not limited to, the Fair Credit Reporting Act, 15 USC 81
1681, as amended from time to time. In no case may (1) an official or 82
unofficial record of an arrest or a charge or other allegation of a criminal 83
act not followed by a conviction, (2) a violation of a condition of 84
probation or parole resulting from conduct that would not be criminal 85
if it were not prohibited by such condition, (3) a record of a conviction 86
that has been erased, or (4) a conviction for conduct that occurred when 87
the applicant was a minor, be used as a basis to reject an applicant's 88
rental application. 89
(c) Prior to denying a rental application pursuant to this section, a 90
housing provider shall provide written notice to the applicant that the 91
application requires further review due to the applicant's criminal 92
conviction. The housing provider shall provide the applicant at least five 93
business days in which to respond to the notice and present relevant 94
mitigating information regarding the conviction and evidence that the 95
applicant would be a good tenant. Such evidence may include, but is not 96
limited to, the following factors: (1) The nature and severity of the 97
criminal offense; (2) the facts or circumstances surrounding the criminal 98
conduct; (3) the age of the applicant at the time of the offense; (4) the 99
length of time elapsed since the offense; (5) evidence the applicant has 100
maintained a good tenant history before or after the offense; (6) the 101
applicant's employment status; (7) any volunteer or charitable activities 102
the applicant has engaged in; (8) any information produced by the 103
applicant, or produced on the applicant's behalf, in regard to the 104
applicant's rehabilitation, good character or good conduct since the 105
offense; and (9) any other evidence that the offense is unlikely to 106
reoccur. If, after consideration of evidence relevant to the factors set 107
forth in this subsection, the housing provider rejects an applicant's 108
rental application based on the conviction of a crime, the housing 109 Raised Bill No. 6431
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provider shall give a written explanation for such rejection and 110
specifically state the evidence presented and reasons for rejection. The 111
housing provider shall send a copy of such rejection by registered mail 112
to the applicant at the address provided in the rental application and 113
shall retain a copy of such rejection for at least two years from the time 114
it was sent. 115
(d) If a dwelling unit becomes unavailable after the housing provider 116
has received an application but before the housing provider has made a 117
determination on whether to deny the application pursuant to 118
subsections (b) and (c) of this section, the housing provider shall 119
evaluate the application to determine whether the application would 120
have been denied pursuant to subsections (b) and (c) of this section. If a 121
denial of the application would violate the provisions of this section, the 122
housing provider shall consider the applicant for the housing provider's 123
next available dwelling unit. A housing provider shall retain any rental 124
application received and records concerning how each was dealt with, 125
for not less than two years after receiving such application. 126
(e) Except as provided in subsections (f) and (g) of this section, it shall 127
be a discriminatory practice in violation of this section: 128
(1) To discriminate against any person in the terms, conditions or 129
privileges of rental of a dwelling unit, or in the provision of services or 130
facilities in connection therewith, because of such person's criminal 131
conviction status; 132
(2) To make, print or publish, or cause to be made, printed or 133
published any notice, statement or advertisement, with respect to the 134
rental of a dwelling unit that indicates any preference, limitation or 135
discrimination based on criminal conviction status, or an intention to 136
make any such preference, limitation or discrimination; 137
(3) To represent to any person because of criminal conviction status 138
that any dwelling unit is not available for inspection or rental when such 139
dwelling unit is in fact so available; and 140 Raised Bill No. 6431
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(4) To inquire about an applicant's prior arrests, criminal charges or 141
convictions on an initial application for rental of a dwelling unit unless 142
required to do so by federal law. 143
(f) The provisions of this section shall not apply to a person who 144
applies for public housing who has a conviction for manufacture or 145
production of methamphetamine on the premises of federally assisted 146
housing, or to a person subject to a lifetime registration requirement 147
under a state registration program pursuant to 24 CFR 960.204 and 24 148
CFR 982.553. Nothing in this section shall be construed to limit the 149
applicability of 24 CFR 960.204 or 24 CFR 982.553 with regard to a public 150
housing authority. 151
(g) The provisions of this section shall not apply to (1) the rental of a 152
room or rooms in a single-family dwelling if the owner actually 153
maintains and occupies part of such unit as his or her residence, or (2) a 154
unit in a dwelling containing not more than four units if the owner 155
actually maintains and occupies one of such other units as his or her 156
residence. 157
(h) Nothing in this section shall be construed to limit the applicability 158
of any reasonable state statute or municipal ordinance restricting the 159
maximum number of persons permitted to occupy a dwelling. 160
(i) Any person aggrieved by a violation of this section may file a 161
complaint not later than one hundred eighty days after the alleged act 162
of discrimination, pursuant to section 46a-82 of the general statutes, as 163
amended by this act. 164
(j) Notwithstanding any other provision of chapter 814c of the general 165
statutes, complaints alleging a violation of this section shall be 166
investigated not later than one hundred days after filing and a final 167
administrative disposition shall be made not later than one year after 168
filing unless it is impracticable to do so. If the Commission on Human 169
Rights and Opportunities is unable to complete its investigation or make 170
a final administrative determination within such time frames, it shall 171
notify the complainant and the respondent in writing of the reasons for 172 Raised Bill No. 6431
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not doing so. 173
(k) Not later than November 1, 2021, the Commission on Human 174
Rights and Opportunities shall post, and thereafter update as necessary, 175
a model form on its Internet web site for housing providers to use in 176
evaluating evidence and other information received under subsection 177
(c) of this section. 178
Sec. 3. Section 8-45a of the general statutes is repealed and the 179
following is substituted in lieu thereof (Effective October 1, 2021): 180
A housing authority, as defined in subsection (b) of section 8-39, in 181
determining eligibility for the rental of public housing units may 182
establish criteria and consider relevant information concerning (1) an 183
applicant's or any proposed occupant's history of criminal activity 184
involving: (A) Crimes of physical violence to persons or property, (B) 185
crimes involving the illegal manufacture, sale, distribution or use of, or 186
possession with intent to manufacture, sell, use or distribute, a 187
controlled substance, as defined in section 21a-240, or (C) other criminal 188
acts which would adversely affect the health, safety or welfare of other 189
tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 190
of abuse, of alcohol when the housing authority has reasonable cause to 191
believe that such applicant's or proposed occupant's abuse, or pattern of 192
abuse, of alcohol may interfere with the health, safety or right to 193
peaceful enjoyment of the premises by other residents, and (3) an 194
applicant or any proposed occupant who is subject to a lifetime 195
registration requirement under section 54-252 on account of being 196
convicted or found not guilty by reason of mental disease or defect of a 197
sexually violent offense. In evaluating any such information, the 198
housing authority shall give consideration to the time, nature and extent 199
of the applicant's or proposed occupant's conduct and to factors which 200
might indicate a reasonable probability of favorable future conduct such 201
as evidence of rehabilitation and evidence of the willingness of the 202
applicant, the applicant's family or the proposed occupant to participate 203
in social service or other appropriate counseling programs and the 204
availability of such programs. Except as otherwise provided by law, a 205 Raised Bill No. 6431
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housing authority shall limit its consideration of an applicant's or 206
proposed occupant's history of criminal activity to the time period 207
established under subsection (a) of section 2 of this act. 208
Sec. 4. Subdivision (8) of section 46a-51 of the general statutes is 209
repealed and the following is substituted in lieu thereof (Effective October 210
1, 2021): 211
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-212
60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-213
54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 214
46a-60, 46a-64, 46a-64c, section 2 of this act, section 46a-66, 46a-68, 46a-215
68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of 216
section 46a-80 or sections 46a-81b to 46a-81o, inclusive; 217
Sec. 5. Subdivision (14) of section 46a-54 of the general statutes is 218
repealed and the following is substituted in lieu thereof (Effective October 219
1, 2021): 220
(14) To require the posting, by any respondent or other person subject 221
to the requirements of section 46a-64, 46a-64c, section 2 of this act, 222
section 46a-81d or 46a-81e, of such notices of statutory provisions as it 223
deems desirable; 224
Sec. 6. Section 46a-74 of the general statutes is repealed and the 225
following is substituted in lieu thereof (Effective October 1, 2021): 226
No state department, board or agency may permit any 227
discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-228
64c or section 2 of this act. 229
Sec. 7. Subsection (a) of section 46a-82 of the general statutes is 230
repealed and the following is substituted in lieu thereof (Effective October 231
1, 2021): 232
(a) Any person claiming to be aggrieved by an alleged discriminatory 233
practice, except for an alleged violation of section 4a-60g or 46a-68 or the 234
provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or 235 Raised Bill No. 6431
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herself or by such person's attorney, file with the commission a 236
complaint in writing under oath, except that a complaint that alleges a 237
violation of section 46a-64c or section 2 of this act need not be notarized. 238
The complaint shall state the name and address of the person alleged to 239
have committed the discriminatory practice, provide a short and plain 240
statement of the allegations upon which the claim is based and contain 241
such other information as may be required by the commission. After the 242
filing of a complaint, the commission shall provide the complainant 243
with a notice that: (1) Acknowledges receipt of the complaint; and (2) 244
advises of the time frames and choice of forums available under this 245
chapter. 246
Sec. 8. Subsections (a) to (c), inclusive, of section 46a-83 of the general 247
statutes are repealed and the following is substituted in lieu thereof 248
(Effective October 1, 2021): 249
(a) Not later than fifteen days after the date of filing of any 250
discriminatory practice complaint pursuant to subsection (a) or (b) of 251
section 46a-82, as amended by this act, or an amendment to such 252
complaint adding an additional respondent, the commission shall serve 253
the respondent as provided in section 46a-86a with the complaint and a 254
notice advising of the procedural rights and obligations of a respondent 255
under this chapter. The respondent shall either (1) file a written answer 256
to the complaint as provided in subsection (b) of this section, or (2) not 257
later than ten days after the date of receipt of the complaint, provide 258
written notice to the complainant and the commission that the 259
respondent has elected to participate in pre-answer conciliation, except 260
that a discriminatory practice complaint alleging a violation of section 261
46a-64c, section 2 of this act or section 46a-81e shall not be subject to pre-262
answer conciliation. A complaint sent by first class mail shall be 263
considered to be received not later than two days after the date of 264
mailing, unless the respondent proves otherwise. The commission shall 265
conduct a pre-answer conciliation conference not later than thirty days 266
after the date of receiving the respondent's request for pre-answer 267
conciliation. 268 Raised Bill No. 6431
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(b) Except as provided in this subsection, not later than thirty days 269
after the date (1) of receipt of the complaint, or (2) on which the 270
commission determines that the pre-answer conciliation conference was 271
unsuccessful, the respondent shall file a written answer to the 272
complaint, under oath, with the commission. The respondent may 273
request, and the commission may grant, one extension of time of not 274
more than fifteen days within which to file a written answer to the 275
complaint. An answer to any amendment to a complaint shall be filed 276
within twenty days of the date of receipt to such amendment. The 277
answer to any complaint alleging a violation of section 46a-64c, section 278
2 of this act or section 46a-81e shall be filed not later than ten days after 279
the date of receipt of the complaint. 280
(c) Not later than sixty days after the date of the filing of the 281
respondent's answer, the executive director or the executive director's 282
designee shall conduct a case assessment review to determine whether 283
the complaint should be retained for further processing or dismissed 284
because (1) it fails to state a claim for relief or is frivolous on its face, (2) 285
the respondent is exempt from the provisions of this chapter, or (3) there 286
is no reasonable possibility that investigating the complaint will result 287
in a finding of reasonable cause. The case assessment review shall 288
include the complaint, the respondent's answer and the responses to the 289
commission's requests for information, and the complainant's 290
comments, if any, to the respondent's answer and information 291
responses. The executive director or the executive director's designee 292
shall send notice of any action taken pursuant to the case assessment 293
review in accordance with section 46a-86a. For any complaint dismissed 294
pursuant to this subsection, the executive director or the executive 295
director's designee shall issue a release of jurisdiction allowing the 296
complainant to bring a civil action under section 46a-100. This 297
subsection and subsection (e) of this section shall not apply to any 298
complaint alleging a violation of section 46a-64c, section 2 of this act or 299
section 46a-81e. The executive director shall report the results of the case 300
assessment reviews made pursuant to this subsection to the commission 301
quarterly during each year. 302 Raised Bill No. 6431
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Sec. 9. Subdivision (2) of subsection (g) of section 46a-83 of the general 303
statutes is repealed and the following is substituted in lieu thereof 304
(Effective October 1, 2021): 305
(2) If the investigator makes a finding that there is reasonable cause 306
to believe that a violation of section 46a-64c or section 2 of this act has 307
occurred, the complainant and the respondent shall have twenty days 308
from sending of the reasonable cause finding to elect a civil action in lieu 309
of an administrative hearing pursuant to section 46a-84. If either the 310
complainant or the respondent requests a civil action, the commission, 311
through the Attorney General or a commission legal counsel, shall 312
commence an action pursuant to subsection (b) of section 46a-89, as 313
amended by this act, not later than ninety days after the date of receipt 314
of the notice of election. If the Attorney General or a commission legal 315
counsel believes that injunctive relief, punitive damages or a civil 316
penalty would be appropriate, such relief, damages or penalty may also 317
be sought. The jurisdiction of the Superior Court in an action brought 318
under this subdivision shall be limited to such claims, counterclaims, 319
defenses or the like that could be presented at an administrative hearing 320
before the commission, had the complaint remained with the 321
commission for disposition. A complainant may intervene as a matter 322
of right in a civil action without permission of the court or the parties. If 323
the Attorney General or commission legal counsel, as the case may be, 324
determines that the interests of the state will not be adversely affected, 325
the complainant or attorney for the complainant shall present all or part 326
of the case in support of the complaint. If the Attorney General or a 327
commission legal counsel determines that a material mistake of law or 328
fact has been made in the finding of reasonable cause, the Attorney 329
General or a commission legal counsel may decline to bring a civil action 330
and shall remand the file to the investigator for further action. The 331
investigator shall complete any such action not later than ninety days 332
after receipt of such file. 333
Sec. 10. Subsection (c) of section 46a-86 of the general statutes is 334
repealed and the following is substituted in lieu thereof (Effective October 335
1, 2021): 336 Raised Bill No. 6431
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(c) In addition to any other action taken under this section, upon a 337
finding of a discriminatory practice prohibited by section 46a-58, 46a-338
59, 46a-64, 46a-64c, section 2 of this act, section 46a-81b, 46a-81d or 46a-339
81e, the presiding officer shall determine the damage suffered by the 340
complainant, which damage shall include, but not be limited to, the 341
expense incurred by the complainant for obtaining alternate housing or 342
space, storage of goods and effects, moving costs and other costs 343
actually incurred by the complainant as a result of such discriminatory 344
practice and shall allow reasonable attorney's fees and costs. The 345
amount of attorney's fees allowed shall not be contingent upon the 346
amount of damages requested by or awarded to the complainant. 347
Sec. 11. Subdivision (1) of subsection (b) of section 46a-89 of the 348
general statutes is repealed and the following is substituted in lieu 349
thereof (Effective October 1, 2021): 350
(b) (1) Whenever a complaint filed pursuant to section 46a-82, as 351
amended by this act, alleges a violation of section 46a-64, 46a-64c, 352
section 2 of this act, section 46a-81d or 46a-81e, and the commission 353
believes that injunctive relief is required or that the imposition of 354
punitive damages or a civil penalty would be appropriate, the 355
commission may bring a petition in the superior court for the judicial 356
district in which the discriminatory practice which is the subject of the 357
complaint occurred or the judicial district in which the respondent 358
resides. 359
Sec. 12. Subsection (b) of section 46a-90a of the general statutes is 360
repealed and the following is substituted in lieu thereof (Effective October 361
1, 2021): 362
(b) When the presiding officer finds that the respondent has engaged 363
in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-364
64c, 46a-81c, section 2 of this act, section 46a-81d or 46a-81e and grants 365
relief on the complaint, requiring that a temporary injunction remain in 366
effect, the executive director may, through the procedure outlined in 367
subsection (a) of section 46a-95, petition the court which granted the 368 Raised Bill No. 6431
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original temporary injunction to make the injunction permanent. 369
Sec. 13. Section 46a-98a of the general statutes is repealed and the 370
following is substituted in lieu thereof (Effective October 1, 2021): 371
Any person claiming to be aggrieved by a violation of section 46a-372
64c, section 2 of this act or section 46a-81e or by a breach of a conciliation 373
agreement entered into pursuant to this chapter, may bring an action in 374
the Superior Court, or the housing session of said court if appropriate 375
within one year of the date of the alleged discriminatory practice or of a 376
breach of a conciliation agreement entered into pursuant to this chapter. 377
No action pursuant to this section may be brought in the Superior Court 378
regarding the alleged discriminatory practice after the commission has 379
obtained a conciliation agreement pursuant to section 46a-83, as 380
amended by this act, or commenced a hearing pursuant to section 46a-381
84, except for an action to enforce the conciliation agreement. The court 382
shall have the power to grant relief, by injunction or otherwise, as it 383
deems just and suitable. The court may grant any relief which a 384
presiding officer may grant in a proceeding under section 46a-86, as 385
amended by this act, or which the court may grant in a proceeding 386
under section 46a-89, as amended by this act. The commission, through 387
commission legal counsel or the Attorney General, may intervene as a 388
matter of right in any action brought pursuant to this section without 389
permission of the court or the parties. 390
Sec. 14. Subdivision (1) of subsection (a) of section 47a-23c of the 391
general statutes is repealed and the following is substituted in lieu 392
thereof (Effective October 1, 2021): 393
(a) (1) Except as provided in subdivision (2) of this subsection, this 394
section applies to any tenant who resides in a building or complex 395
consisting of five or more separate dwelling units or who resides in a 396
mobile manufactured home park and who is either: (A) Sixty-two years 397
of age or older, or whose spouse, sibling, parent or grandparent is sixty-398
two years of age or older and permanently resides with that tenant, or 399
(B) a person with a physical or mental disability, as defined in 400 Raised Bill No. 6431
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subdivision [(8)] (12) of section 46a-64b, as amended by this act, or 401
whose spouse, sibling, child, parent or grandparent is a person with a 402
physical or mental disability who permanently resides with that tenant, 403
but only if such disability can be expected to result in death or to last for 404
a continuous period of at least twelve months. 405
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 46a-64b
Sec. 2 October 1, 2021 New section
Sec. 3 October 1, 2021 8-45a
Sec. 4 October 1, 2021 46a-51(8)
Sec. 5 October 1, 2021 46a-54(14)
Sec. 6 October 1, 2021 46a-74
Sec. 7 October 1, 2021 46a-82(a)
Sec. 8 October 1, 2021 46a-83(a) to (c)
Sec. 9 October 1, 2021 46a-83(g)(2)
Sec. 10 October 1, 2021 46a-86(c)
Sec. 11 October 1, 2021 46a-89(b)(1)
Sec. 12 October 1, 2021 46a-90a(b)
Sec. 13 October 1, 2021 46a-98a
Sec. 14 October 1, 2021 47a-23c(a)(1)
Statement of Purpose:
To prohibit housing providers from considering a prospective tenant's
criminal conviction after certain time periods.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]