Connecticut 2021 Regular Session

Connecticut House Bill HB06431 Latest Draft

Bill / Comm Sub Version Filed 05/18/2021

                             
 
LCO    \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-R02-
HB.docx  
1 of 14 
  
General Assembly  Substitute Bill No. 6431  
January Session, 2021 
 
 
 
 
 
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 Section 46a-64b of the general statutes is repealed and the 1 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 
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  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
2 of 14 
 
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, an owner, an agent of such 39 
landlord or owner, a realtor, a property manager, a housing authority, 40 
as created in section 8-40, a 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 
[(7)] (10) "Mobile manufactured home park" means a plot of land 45 
upon which two or more mobile manufactured homes occupied for 46  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
3 of 14 
 
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 a dwelling unit, the 49 
building of which it is a part or the premises, or (B) all or part of the 50 
beneficial ownership and a right to present use and enjoyment of the 51 
premises and includes a mortgagee in possession. 52 
[(8)] (12) "Physical or mental disability" includes, but is not limited to, 53 
intellectual disability, as defined in section 1-1g, and physical disability, 54 
as defined in subdivision (15) of section 46a-51, and also includes, but is 55 
not limited to, persons who have a handicap as that term is defined in 56 
the Fair Housing Act. 57 
[(9)] (13) "Residential-real-estate-related transaction" means (A) the 58 
making or purchasing of loans or providing other financial assistance 59 
for purchasing, constructing, improving, repairing or maintaining a 60 
dwelling, or secured by residential real estate; or (B) the selling, 61 
brokering or appraising of residential real property. 62 
[(10)] (14) "To rent" includes to lease, to sublease, to let and to 63 
otherwise grant for a consideration the right to occupy premises not 64 
owned by the occupant. 65 
Sec. 2. (NEW) (Effective October 1, 2021) (a) Except as provided in 66 
subsections (g) and (h) of this section, it shall be a discriminatory 67 
practice in violation of this section for a housing provider to refuse to 68 
rent after making a bona fide offer, or to refuse to negotiate for the rental 69 
of, or otherwise make unavailable or deny a dwelling unit or deny 70 
occupancy in a dwelling unit, to any person based on such person's 71 
criminal record, except for (1) a conviction for the commission of a 72 
misdemeanor described in subsection (b) of this section during the three 73 
years immediately preceding the rental application, or (2) a conviction 74 
for the commission of a felony described in subsection (b) of this section 75 
during the seven years immediately preceding the rental application. 76 
(b) Within the three-year or seven-year period specified in subsection 77  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
4 of 14 
 
(a) of this section, a housing provider may only consider a criminal 78 
conviction of any person for the commission of a felony or misdemeanor 79 
for the purpose of denying a rental application if, after considering (1) 80 
the nature and severity of the crime, (2) the relationship, if any, the crime 81 
may have to the person becoming a tenant, (3) information pertaining to 82 
the degree of rehabilitation of the convicted person, and (4) the time 83 
elapsed since the conviction or release, the housing provider determines 84 
that the person is not suitable to be a tenant in the dwelling unit. 85 
(c) In ascertaining whether an applicant has committed a crime, a 86 
housing provider shall comply with all applicable laws, including, but 87 
not limited to, the Fair Credit Reporting Act, 15 USC 1681, as amended 88 
from time to time. In no case may (1) an official or unofficial record of 89 
an arrest or a charge or other allegation of a criminal act not followed by 90 
a conviction, (2) a violation of a condition of probation or parole 91 
resulting from conduct that would not be criminal if it were not 92 
prohibited by such condition, (3) a record of a conviction that has been 93 
erased, or (4) a conviction for conduct that occurred when the applicant 94 
was a minor, be used as a basis to reject an applicant's rental application. 95 
(d) Prior to denying a rental application pursuant to this section, a 96 
housing provider shall provide written notice to the applicant that the 97 
application requires further review due to the applicant's criminal 98 
conviction. The housing provider shall provide the applicant at least five 99 
business days in which to respond to the notice and present relevant 100 
mitigating information regarding the conviction and evidence that the 101 
applicant would be a good tenant. Such evidence may include, but is not 102 
limited to, the following factors: (1) The nature and severity of the 103 
criminal offense; (2) the facts or circumstances surrounding the criminal 104 
conduct; (3) the age of the applicant at the time of the offense; (4) the 105 
length of time elapsed since the offense; (5) evidence the applicant has 106 
maintained a good tenant history before or after the offense; (6) the 107 
applicant's employment status; (7) any volunteer or charitable activities 108 
the applicant has engaged in; (8) any information produced by the 109 
applicant, or produced on the applicant's behalf, in regard to the 110  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
5 of 14 
 
applicant's rehabilitation, good character or good conduct since the 111 
offense; and (9) any other evidence that the offense is unlikely to 112 
reoccur. If, after consideration of evidence relevant to the factors set 113 
forth in this subsection, the housing provider rejects an applicant's 114 
rental application based on the conviction of a crime, the housing 115 
provider shall give a written explanation for such rejection and 116 
specifically state the evidence presented and reasons for rejection. The 117 
housing provider shall send a copy of such rejection by registered mail 118 
to the applicant at the address provided in the rental application and 119 
shall retain a copy of such rejection for at least two years from the time 120 
it was sent. 121 
(e) If a dwelling unit becomes unavailable after the housing provider 122 
has received an application but before the housing provider has made a 123 
determination on whether to deny the application pursuant to 124 
subsections (b) to (d), inclusive, of this section, the housing provider 125 
shall evaluate the application to determine whether the application 126 
would have been denied pursuant to subsections (b) to (d), inclusive, of 127 
this section. If a denial of the application would violate the provisions 128 
of this section, the housing provider shall consider the applicant for the 129 
housing provider's next available dwelling unit. A housing provider 130 
shall retain any rental application received and records concerning how 131 
each was dealt with, for not less than two years after receiving such 132 
application. 133 
(f) Except as provided in subsections (g) and (h) of this section, it shall 134 
be a discriminatory practice in violation of this section: 135 
(1) To discriminate against any person in the terms, conditions or 136 
privileges of rental of a dwelling unit, or in the provision of services or 137 
facilities in connection therewith, because of such person's criminal 138 
conviction status; 139 
(2) To make, print or publish, or cause to be made, printed or 140 
published any notice, statement or advertisement, with respect to the 141 
rental of a dwelling unit that indicates any preference, limitation or 142  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
6 of 14 
 
discrimination based on criminal conviction status, or an intention to 143 
make any such preference, limitation or discrimination; 144 
(3) To represent to any person because of criminal conviction status 145 
that any dwelling unit is not available for inspection or rental when such 146 
dwelling unit is in fact so available; and 147 
(4) To inquire about an applicant's prior arrests, criminal charges or 148 
convictions on an initial application for rental of a dwelling unit unless 149 
required to do so by federal law. 150 
(g) The provisions of this section shall not apply to a person who 151 
applies for public housing who has a conviction for manufacture or 152 
production of methamphetamine on the premises of federally assisted 153 
housing, or to a person subject to a lifetime registration requirement 154 
under a state registration program pursuant to 24 CFR 960.204 and 24 155 
CFR 982.553. Nothing in this section shall be construed to limit the 156 
applicability of 24 CFR 960.204 or 24 CFR 982.553 with regard to a public 157 
housing authority. 158 
(h) The provisions of this section shall not apply to (1) the rental of a 159 
room or rooms in a single-family dwelling if the owner actually 160 
maintains and occupies part of such unit as his or her residence, or (2) a 161 
unit in a dwelling containing not more than four units if the owner 162 
actually maintains and occupies one of such other units as his or her 163 
residence. 164 
(i) Nothing in this section shall be construed to limit the applicability 165 
of any reasonable state statute or municipal ordinance restricting the 166 
maximum number of persons permitted to occupy a dwelling. 167 
(j) Any person aggrieved by a violation of this section may file a 168 
complaint not later than one hundred eighty days after the alleged act 169 
of discrimination, pursuant to section 46a-82 of the general statutes, as 170 
amended by this act. 171 
(k) Notwithstanding any other provision of chapter 814c of the 172  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
7 of 14 
 
general statutes, complaints alleging a violation of this section shall be 173 
investigated not later than one hundred days after filing and a final 174 
administrative disposition shall be made not later than one year after 175 
filing unless it is impracticable to do so. If the Commission on Human 176 
Rights and Opportunities is unable to complete its investigation or make 177 
a final administrative determination within such time frames, it shall 178 
notify the complainant and the respondent, in writing, of the reasons for 179 
not doing so. 180 
(l) Not later than November 1, 2021, the Commission on Human 181 
Rights and Opportunities shall post, and thereafter update as necessary, 182 
a model form on its Internet web site for housing providers to use in 183 
evaluating evidence and other information received under subsection 184 
(c) of this section. 185 
Sec. 3. Section 8-45a of the general statutes is repealed and the 186 
following is substituted in lieu thereof (Effective October 1, 2021): 187 
A housing authority, as defined in subsection (b) of section 8-39, in 188 
determining eligibility for the rental of public housing units may 189 
establish criteria and consider relevant information concerning (1) an 190 
applicant's or any proposed occupant's history of criminal activity 191 
involving: (A) Crimes of physical violence to persons or property, (B) 192 
crimes involving the illegal manufacture, sale, distribution or use of, or 193 
possession with intent to manufacture, sell, use or distribute, a 194 
controlled substance, as defined in section 21a-240, or (C) other criminal 195 
acts which would adversely affect the health, safety or welfare of other 196 
tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 197 
of abuse, of alcohol when the housing authority has reasonable cause to 198 
believe that such applicant's or proposed occupant's abuse, or pattern of 199 
abuse, of alcohol may interfere with the health, safety or right to 200 
peaceful enjoyment of the premises by other residents, and (3) an 201 
applicant or any proposed occupant who is subject to a lifetime 202 
registration requirement under section 54-252 on account of being 203 
convicted or found not guilty by reason of mental disease or defect of a 204 
sexually violent offense. In evaluating any such information, the 205  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
8 of 14 
 
housing authority shall give consideration to the time, nature and extent 206 
of the applicant's or proposed occupant's conduct and to factors which 207 
might indicate a reasonable probability of favorable future conduct such 208 
as evidence of rehabilitation and evidence of the willingness of the 209 
applicant, the applicant's family or the proposed occupant to participate 210 
in social service or other appropriate counseling programs and the 211 
availability of such programs. Except as otherwise provided by law, a 212 
housing authority shall limit its consideration of an applicant's or 213 
proposed occupant's history of criminal activity to the applicable time 214 
periods established under subsection (a) of section 2 of this act. 215 
Sec. 4. Subdivision (8) of section 46a-51 of the general statutes is 216 
repealed and the following is substituted in lieu thereof (Effective October 217 
1, 2021): 218 
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-219 
60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-220 
54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 221 
46a-60, 46a-64, 46a-64c, section 2 of this act, section 46a-66, 46a-68, 46a-222 
68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of 223 
section 46a-80 or sections 46a-81b to 46a-81o, inclusive; 224 
Sec. 5. Subdivision (14) of section 46a-54 of the general statutes is 225 
repealed and the following is substituted in lieu thereof (Effective October 226 
1, 2021): 227 
(14) To require the posting, by any respondent or other person subject 228 
to the requirements of section 46a-64, 46a-64c, section 2 of this act, 229 
section 46a-81d or 46a-81e, of such notices of statutory provisions as it 230 
deems desirable; 231 
Sec. 6. Section 46a-74 of the general statutes is repealed and the 232 
following is substituted in lieu thereof (Effective October 1, 2021): 233 
No state department, board or a gency may permit any 234 
discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-235 
64c or section 2 of this act. 236  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
9 of 14 
 
Sec. 7. Subsection (a) of section 46a-82 of the general statutes is 237 
repealed and the following is substituted in lieu thereof (Effective October 238 
1, 2021): 239 
(a) Any person claiming to be aggrieved by an alleged discriminatory 240 
practice, except for an alleged violation of section 4a-60g or 46a-68 or the 241 
provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or 242 
herself or by such person's attorney, file with the commission a 243 
complaint in writing under oath, except that a complaint that alleges a 244 
violation of section 46a-64c or section 2 of this act need not be notarized. 245 
The complaint shall state the name and address of the person alleged to 246 
have committed the discriminatory practice, provide a short and plain 247 
statement of the allegations upon which the claim is based and contain 248 
such other information as may be required by the commission. After the 249 
filing of a complaint, the commission shall provide the complainant 250 
with a notice that: (1) Acknowledges receipt of the complaint; and (2) 251 
advises of the time frames and choice of forums available under this 252 
chapter. 253 
Sec. 8. Subsections (a) to (c), inclusive, of section 46a-83 of the general 254 
statutes are repealed and the following is substituted in lieu thereof 255 
(Effective October 1, 2021): 256 
(a) Not later than fifteen days after the date of filing of any 257 
discriminatory practice complaint pursuant to subsection (a) or (b) of 258 
section 46a-82, as amended by this act, or an amendment to such 259 
complaint adding an additional respondent, the commission shall serve 260 
the respondent as provided in section 46a-86a with the complaint and a 261 
notice advising of the procedural rights and obligations of a respondent 262 
under this chapter. The respondent shall either (1) file a written answer 263 
to the complaint as provided in subsection (b) of this section, or (2) not 264 
later than ten days after the date of receipt of the complaint, provide 265 
written notice to the complainant and the commission that the 266 
respondent has elected to participate in pre-answer conciliation, except 267 
that a discriminatory practice complaint alleging a violation of section 268 
46a-64c, section 2 of this act or section 46a-81e shall not be subject to pre-269  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
10 of 14 
 
answer conciliation. A complaint sent by first class mail shall be 270 
considered to be received not later than two days after the date of 271 
mailing, unless the respondent proves otherwise. The commission shall 272 
conduct a pre-answer conciliation conference not later than thirty days 273 
after the date of receiving the respondent's request for pre-answer 274 
conciliation. 275 
(b) Except as provided in this subsection, not later than thirty days 276 
after the date (1) of receipt of the complaint, or (2) on which the 277 
commission determines that the pre-answer conciliation conference was 278 
unsuccessful, the respondent shall file a written answer to the 279 
complaint, under oath, with the commission. The respondent may 280 
request, and the commission may grant, one extension of time of not 281 
more than fifteen days within which to file a written answer to the 282 
complaint. An answer to any amendment to a complaint shall be filed 283 
within twenty days of the date of receipt to such amendment. The 284 
answer to any complaint alleging a violation of section 46a-64c, section 285 
2 of this act or section 46a-81e shall be filed not later than ten days after 286 
the date of receipt of the complaint. 287 
(c) Not later than sixty days after the date of the filing of the 288 
respondent's answer, the executive director or the executive director's 289 
designee shall conduct a case assessment review to determine whether 290 
the complaint should be retained for further processing or dismissed 291 
because (1) it fails to state a claim for relief or is frivolous on its face, (2) 292 
the respondent is exempt from the provisions of this chapter, or (3) there 293 
is no reasonable possibility that investigating the complaint will result 294 
in a finding of reasonable cause. The case assessment review shall 295 
include the complaint, the respondent's answer and the responses to the 296 
commission's requests for information, and the complainant's 297 
comments, if any, to the respondent's answer and information 298 
responses. The executive director or the executive director's designee 299 
shall send notice of any action taken pursuant to the case assessment 300 
review in accordance with section 46a-86a. For any complaint dismissed 301 
pursuant to this subsection, the executive director or the executive 302  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
11 of 14 
 
director's designee shall issue a release of jurisdiction allowing the 303 
complainant to bring a civil action under section 46a-100. This 304 
subsection and subsection (e) of this section shall not apply to any 305 
complaint alleging a violation of section 46a-64c, section 2 of this act or 306 
section 46a-81e. The executive director shall report the results of the case 307 
assessment reviews made pursuant to this subsection to the commission 308 
quarterly during each year. 309 
Sec. 9. Subdivision (2) of subsection (g) of section 46a-83 of the general 310 
statutes is repealed and the following is substituted in lieu thereof 311 
(Effective October 1, 2021): 312 
(2) If the investigator makes a finding that there is reasonable cause 313 
to believe that a violation of section 46a-64c or section 2 of this act has 314 
occurred, the complainant and the respondent shall have twenty days 315 
from sending of the reasonable cause finding to elect a civil action in lieu 316 
of an administrative hearing pursuant to section 46a-84. If either the 317 
complainant or the respondent requests a civil action, the commission, 318 
through the Attorney General or a commission legal counsel, shall 319 
commence an action pursuant to subsection (b) of section 46a-89, as 320 
amended by this act, not later than ninety days after the date of receipt 321 
of the notice of election. If the Attorney General or a commission legal 322 
counsel believes that injunctive relief, punitive damages or a civil 323 
penalty would be appropriate, such relief, damages or penalty may also 324 
be sought. The jurisdiction of the Superior Court in an action brought 325 
under this subdivision shall be limited to such claims, counterclaims, 326 
defenses or the like that could be presented at an administrative hearing 327 
before the commission, had the complaint remained with the 328 
commission for disposition. A complainant may intervene as a matter 329 
of right in a civil action without permission of the court or the parties. If 330 
the Attorney General or commission legal counsel, as the case may be, 331 
determines that the interests of the state will not be adversely affected, 332 
the complainant or attorney for the complainant shall present all or part 333 
of the case in support of the complaint. If the Attorney General or a 334 
commission legal counsel determines that a material mistake of law or 335  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
12 of 14 
 
fact has been made in the finding of reasonable cause, the Attorney 336 
General or a commission legal counsel may decline to bring a civil action 337 
and shall remand the file to the investigator for further action. The 338 
investigator shall complete any such action not later than ninety days 339 
after receipt of such file. 340 
Sec. 10. Subsection (c) of section 46a-86 of the general statutes is 341 
repealed and the following is substituted in lieu thereof (Effective October 342 
1, 2021): 343 
(c) In addition to any other action taken under this section, upon a 344 
finding of a discriminatory practice prohibited by section 46a-58, 46a-345 
59, 46a-64, 46a-64c, section 2 of this act, section 46a-81b, 46a-81d or 46a-346 
81e, the presiding officer shall determine the damage suffered by the 347 
complainant, which damage shall include, but not be limited to, the 348 
expense incurred by the complainant for obtaining alternate housing or 349 
space, storage of goods and effects, moving costs and other costs 350 
actually incurred by the complainant as a result of such discriminatory 351 
practice and shall allow reasonable attorney's fees and costs. The 352 
amount of attorney's fees allowed shall not be contingent upon the 353 
amount of damages requested by or awarded to the complainant. 354 
Sec. 11. Subdivision (1) of subsection (b) of section 46a-89 of the 355 
general statutes is repealed and the following is substituted in lieu 356 
thereof (Effective October 1, 2021): 357 
(b) (1) Whenever a complaint filed pursuant to section 46a-82, as 358 
amended by this act, alleges a violation of section 46a-64, 46a-64c, 359 
section 2 of this act, section 46a-81d or 46a-81e, and the commission 360 
believes that injunctive relief is required or that the imposition of 361 
punitive damages or a civil penalty would be appropriate, the 362 
commission may bring a petition in the superior court for the judicial 363 
district in which the discriminatory practice which is the subject of the 364 
complaint occurred or the judicial district in which the respondent 365 
resides. 366  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
13 of 14 
 
Sec. 12. Subsection (b) of section 46a-90a of the general statutes is 367 
repealed and the following is substituted in lieu thereof (Effective October 368 
1, 2021): 369 
(b) When the presiding officer finds that the respondent has engaged 370 
in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-371 
64c, 46a-81c, section 2 of this act, section 46a-81d or 46a-81e and grants 372 
relief on the complaint, requiring that a temporary injunction remain in 373 
effect, the executive director may, through the procedure outlined in 374 
subsection (a) of section 46a-95, petition the court which granted the 375 
original temporary injunction to make the injunction permanent. 376 
Sec. 13. Section 46a-98a of the general statutes is repealed and the 377 
following is substituted in lieu thereof (Effective October 1, 2021): 378 
Any person claiming to be aggrieved by a violation of section 46a-379 
64c, section 2 of this act or section 46a-81e or by a breach of a conciliation 380 
agreement entered into pursuant to this chapter, may bring an action in 381 
the Superior Court, or the housing session of said court if appropriate 382 
within one year of the date of the alleged discriminatory practice or of a 383 
breach of a conciliation agreement entered into pursuant to this chapter. 384 
No action pursuant to this section may be brought in the Superior Court 385 
regarding the alleged discriminatory practice after the commission has 386 
obtained a conciliation agreement pursuant to section 46a-83, as 387 
amended by this act, or commenced a hearing pursuant to section 46a-388 
84, except for an action to enforce the conciliation agreement. The court 389 
shall have the power to grant relief, by injunction or otherwise, as it 390 
deems just and suitable. The court may grant any relief which a 391 
presiding officer may grant in a proceeding under section 46a-86, as 392 
amended by this act, or which the court may grant in a proceeding 393 
under section 46a-89, as amended by this act. The commission, through 394 
commission legal counsel or the Attorney General, may intervene as a 395 
matter of right in any action brought pursuant to this section without 396 
permission of the court or the parties. 397 
Sec. 14. Subdivision (1) of subsection (a) of section 47a-23c of the 398  Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
14 of 15 
 
general statutes is repealed and the following is substituted in lieu 399 
thereof (Effective October 1, 2021): 400 
(a) (1) Except as provided in subdivision (2) of this subsection, this 401 
section applies to any tenant who resides in a building or complex 402 
consisting of five or more separate dwelling units or who resides in a 403 
mobile manufactured home park and who is either: (A) Sixty-two years 404 
of age or older, or whose spouse, sibling, parent or grandparent is sixty-405 
two years of age or older and permanently resides with that tenant, or 406 
(B) a person with a physical or mental disability, as defined in 407 
subdivision [(8)] (12) of section 46a-64b, as amended by this act, or 408 
whose spouse, sibling, child, parent or grandparent is a person with a 409 
physical or mental disability who permanently resides with that tenant, 410 
but only if such disability can be expected to result in death or to last for 411 
a continuous period of at least twelve months. 412 
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) 
 
 
HSG Joint Favorable Subst.  
APP Joint Favorable   Substitute Bill No. 6431 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06431-
R02-HB.docx }   
15 of 15