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OLR Bill Analysis
sHB 6431
AN ACT CONCERNING HOUSING OPPORTUNITIES FOR
JUSTICE-IMPACTED PERSONS.
SUMMARY
This bill generally bans discrimination in the rental of housing
based on an individual’s criminal record. It establishes several
discriminatory housing practices and prohibits housing providers (e.g.,
landlords, property owners, and housing authorities) from refusing to
rent to a person because of his or her criminal record, with certain
exceptions.
Specifically, housing providers may consider criminal convictions
for committing (1) misdemeanors during the three years immediately
preceding a rental application (hereafter “lookback period”) or (2)
felonies during a seven-year lookback period. But before doing so,
housing providers must determine that a prospective tenant is not
suitable for tenancy based on certain considerations. The bill specifies
the procedure housing providers must follow in denying an applicant
on this basis.
The bill also specifies that its discrimination protections do not
apply to individuals applying for public housing who have been
convicted of certain crimes that make them ineligible for tenancy
under Federal Housing and Urban Development (HUD) regulations. It
also generally limits housing authorities’ ability to consider a
prospective tenant’s criminal history to the lookback periods described
above unless doing so would conflict with existing law.
The bill authorizes aggrieved individuals to file a complaint with
the Commission on Human Rights and Opportunities (CHRO) and
allows CHRO to grant relief in the same manner that it does for other
discriminatory housing practices under existing law. 2021HB-06431-R000159-BA.DOCX
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Lastly, the bill makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2021
HOUSING PROVIDERS
The bill’s prohibitions on rental housing discrimination apply to
landlords and rental property owners or their agents, realtors,
property managers, housing authorities, and other entities that
provide dwelling units to potential tenants (i.e., housing providers).
But they do not apply to rentals of (1) rooms in single-family, owner-
occupied dwellings or (2) units in multi-family dwellings with up to
four units if one unit is owner-occupied.
REFUSING TO RENT BAS ED ON CRIMINAL RECOR D
Discriminatory Practices
The bill establishes several discriminatory housing practices and
requires CHRO to enforce them (see below). It makes it a
discriminatory housing practice to do the following:
1. based on an individual’s criminal record, (a) refuse to rent a unit
after making a bona fide offer, (b) refuse to negotiate for the
rental unit, or (c) otherwise make unavailable or deny a
dwelling unit or deny occupancy in the unit;
2. discriminate in the terms, conditions, or privileges of a rental
dwelling unit, or in the provision of services or facilities in
connection with the unit, because of a tenant’s criminal
conviction status;
3. make, print, or publish, or cause this to be done, a notice,
statement, or advertisement concerning a rental dwelling unit
that indicates any preference, limitation, or discrimination
based on criminal history or an intention to make such a
preference, limitation, or discrimination on that basis;
4. falsely represent a dwelling unit as unavailable for inspection or
rental to any person because of his or her criminal history; or 2021HB-06431-R000159-BA.DOCX
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5. inquire about an applicant’s prior arrests, criminal charges, or
convictions on an initial rental application unless required by
federal law.
Exception for Criminal Convictions During Lookback Periods
The bill’s prohibition on refusing to rent to or negotiate with
prospective tenants based on criminal record does not cover those
convicted of committing certain offenses during specified lookback
periods immediately preceding a rental application, with certain
exceptions. The exceptions apply to applicants who were convicted for
committing a (1) misdemeanor during a three-year lookback period or
(2) felony during a seven-year lookback period.
Before denying a rental application on these grounds, a housing
provider must first consider certain factors to determine the
prospective tenant’s suitability for tenancy. Specifically, the provider
must consider the following:
1. the nature and severity of the crime,
2. the relationship between the crime and the prospective tenant,
3. information related to the prospective tenant’s degree of
rehabilitation, and
4. the amount of time that has passed since the prospective
tenant’s conviction or release.
Under the bill, a “conviction” is a judgment a court enters upon a
guilty or nolo contendere plea or a finding of guilt by a jury regardless
of any pending appeal or habeas corpus proceeding arising from the
judgment.
Excluded Arrest or Conviction Records
The bill requires housing providers to comply with all applicable
laws, including the federal Fair Credit Reporting Act, when
determining whether an applicant has committed a crime.
Additionally, the bill prohibits housing providers from basing an 2021HB-06431-R000159-BA.DOCX
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applicant’s rejection on the following:
1. official or unofficial arrest records, charges, or other allegations
of a criminal conduct that did not result in a conviction;
2. violations of a probation or parole condition that are otherwise
not considered criminal conduct;
3. erased conviction records; or
4. convictions for conduct that occurred when the applicant was a
minor.
Procedure for Denying Rental Applications and Maintaining
Applications on File
Under the bill, before denying a rental application based on an
applicant’s criminal record, the housing provider must (1) notify the
applicant in writing that his or her application warrants additional
review because of his or her criminal history and (2) allow the
applicant at least five business days to respond to the notice and
provide related mitigating information about the conviction and
evidence that he or she would be a good tenant.
The evidence may include various factors, such as the following:
1. nature and severity of the crime;
2. facts and circumstances surrounding the criminal conduct;
3. applicant’s age at the time of the offense;
4. length of time since the offense;
5. applicant’s good tenant history before or after the offense;
6. applicant’s employment status;
7. applicant’s current or past volunteer or charitable activities;
8. information produced by or on behalf of the applicant about his
or her rehabilitation, good character, or good conduct since the 2021HB-06431-R000159-BA.DOCX
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offense; and
9. anything showing the applicant is unlikely to commit the crime
again.
If, after considering the evidence related to these factors, a housing
provider rejects an applicant’s rental application due to his or her
criminal conviction, the provider must send the applicant a written
explanation specifically stating the evidence presented and the reasons
for rejection. The bill requires the housing provider to (1) send the
explanation by registered mail to the address provided in the
application and (2) retain a copy for at least two years from the date it
was sent.
Under the bill, if a dwelling unit becomes unavailable after the
housing provider has received a rental application but before the
provider has determined whether to deny it based on the applicant’s
criminal record, the provider must continue the evaluation to make
this determination. If the determination to deny the application
violates the bill’s lookback limitations or other requirements, the
provider must consider the applicant for their next-available dwelling
unit. The bill requires housing providers to retain, for at least two
years after receipt, (1) any rental application received and (2) records
of how each application was handled.
The bill requires CHRO, by November 1, 2021, to post and update
as necessary, a model form on its website for housing providers to use
in evaluating evidence and information received from applicants.
CHRO COMPLAINTS
The bill authorizes anyone aggrieved by a violation of its
prohibition on housing discrimination to, within 180 days of the
alleged act, file a complaint with CHRO pursuant to the existing
statutory procedure for doing so. CHRO must investigate and grant
relief in the same manner as it would for other discriminatory housing
practices (see BACKGROUND).
By law and under the bill, discriminatory housing practice 2021HB-06431-R000159-BA.DOCX
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violations are a class D misdemeanor, punishable by up to 30 days in
prison, up to a $250 fine, or both (CGS § 46a-64c(g)).
HOUSING AUTHORITIES
Under current law, housing authorities receiving state assistance
may reject a prospective tenant’s application for project-based public
housing if he or she has a criminal record involving (1) physical
violence to people or property; (2) the manufacture, sale, distribution,
use, or possession of illegal drugs; or (3) acts that would adversely
affect the health, safety, or welfare of other tenants. Under the bill,
housing authorities may still reject a prospective tenant because of the
aforementioned crimes, but only during the specified lookback periods
and except as otherwise provided by law.
The bill’s lookback limitations do not restrict a housing authority’s
consideration of other factors. Under existing law, unchanged by the
bill, housing authorities may also reject a prospective tenant because
he or she (1) abuses alcohol in a manner that gives it reasonable cause
to believe the behavior may threaten other tenants’ health, safety, or
right to peaceful enjoyment of their premises or (2) is subject to lifetime
registration as a sex offender due to a sexually violent offense.
By law, housing authorities must also consider the time, nature, and
extent of the conduct and any factors indicating future improvement,
such as evidence of rehabilitation or willingness to attend counseling.
Housing Authorities Administering Certain Federal Programs
HUD regulations prohibit housing authorities administering certain
federal housing programs from admitting tenants convicted of
specified crimes, including (1) manufacturing or producing
methamphetamine on the premises of federally assisted housing or (2)
a crime that subjects them to a lifetime registration requirement under
a state sex offender registration program.
The bill specifies that its discrimination protections do not apply to
individuals applying for public housing who have been convicted of
these crimes. (It is unclear whether this provision applies to state- 2021HB-06431-R000159-BA.DOCX
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assisted public housing.) It also specifies that it does not limit the
applicability of these or related HUD regulations.
STATE AND LOCAL REST RICTIONS ON MAXIMUM OCCUPANCY
The bill provides that its provisions do not limit the applicability of
any reasonable state statute or municipal ordinance restricting the
maximum number of people allowed to occupy a dwelling.
BACKGROUND
CHRO Investigations of Discriminatory Housing Practices
Existing law prohibits discrimination in housing because of race,
religion, sex, national origin, disability, familial or marital status, age,
sexual orientation, gender identity or expression, lawful source of
income, or veteran status. The prohibition extends to discrimination in
the rental and sale of public and private housing, in housing related
terms, conditions, services, loans, mortgages, and in verbal or written
statements or advertisements.
Individuals who believe they have been discriminated against may
file a complaint with CHRO within 180 days after the alleged incident.
When CHRO finds reasonable cause that discrimination occurred, it
negotiates a settlement agreement between the parties. If an agreement
cannot be reached, it conducts an administrative hearing (CGS § 46a-82
et seq.).
Related Bill
SB 355, reported favorably by the Housing Committee, requires the
Department of Housing to adopt regulations establishing a limited
time period immediately preceding a rental application during which
landlords and housing authorities may consider a prospective tenant’s
criminal records in evaluating his or her application.
COMMITTEE ACTION
Housing Committee
Joint Favorable Substitute
Yea 11 Nay 4 (03/11/2021)