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General Assembly Raised Bill No. 6432
January Session, 2021
LCO No. 3048
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING HO USING AUTHORITY APPL ICATION
PROCEDURES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-45 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
(a) Each housing authority shall manage and operate its housing 3
projects in an efficient manner so as to enable it to fix the rentals for 4
dwelling accommodations at the lowest possible rates consistent with 5
providing decent, safe and sanitary dwelling accommodations, and no 6
housing authority shall construct or operate any such project for profit 7
or as a source of revenue to the municipality. To this end an authority 8
shall fix the rentals for dwelling in its projects at no higher rates than it 9
finds to be necessary in order to produce revenues which, together with 10
all other available money, revenues, income and receipts of the 11
authority from whatever sources derived, will be sufficient [(a)] (1) to 12
pay, as the same become due, the principal and interest on the bonds of 13
the authority; [(b)] (2) to meet the cost of, and to provide for, 14
maintaining and operating the projects, including the cost of any 15 Raised Bill No. 6432
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insurance, and the administrative expenses of the authority; and [(c)] (3) 16
to create, during not less than six years immediately succeeding its 17
issuance of any bonds, a reserve sufficient to meet the largest principal 18
and interest payments which will be due on such bonds in any one year 19
thereafter and to maintain such reserve. 20
(b) In the operation or management of housing projects an authority 21
shall, at all times, rent or lease the dwelling accommodations therein at 22
rentals within the financial reach of families of low income. The 23
authority, subject to approval by the Commissioner of Housing, shall fix 24
maximum income limits for the admission and for the continued 25
occupancy of families in such housing, provided such maximum income 26
limits and all revisions thereof for housing projects operated pursuant 27
to any contract with any agency of the federal government shall be 28
subject to the prior approval of such federal agency. The Commissioner 29
of Housing shall define the income of a family to provide the basis for 30
determining eligibility for the admission and for the continued 31
occupancy of families under the maximum income limits fixed and 32
approved. The definition of family income, by the Commissioner of 33
Housing, may provide for the exclusion of all or part of the income of 34
family members which, in the judgment of said commissioner, is not 35
generally available to meet the cost of basic living needs of the family. 36
No housing authority shall refuse to rent any dwelling accommodation 37
to an otherwise qualified applicant on the ground that one or more of 38
the proposed occupants are children born out of wedlock. 39
(c) Each housing authority shall provide its application to prospective 40
residents in person, or by mail or electronic mail when requested, and 41
make such application available on its Internet web site for download 42
by prospective residents. Each housing authority shall provide a receipt 43
to each applicant for admission to its housing projects stating the time 44
and date of application and shall maintain a list of such applications 45
which shall be a public record as defined in section 1-200. The 46
Commissioner of Housing shall, by regulation adopted in accordance 47
with the provisions of chapter 54, provide for the manner in which such 48
list shall be created, maintained and revised. 49 Raised Bill No. 6432
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(d) No provision of this chapter shall be construed as limiting the 50
right of the authority to vest in an obligee the right, in the event of a 51
default by such authority, to take possession of a housing project or 52
cause the appointment of a receiver thereof or acquire title thereto 53
through foreclosure proceedings, free from all the restrictions imposed 54
by this chapter with respect to rental rates and tenant selection. 55
Sec. 2. Section 8-48 of the general statutes is repealed and the 56
following is substituted in lieu thereof (Effective October 1, 2021): 57
In the cases of any tenants who are the recipients of one hundred per 58
cent social services aid from the Department of Social Services of the 59
state or any municipality and who have no income from any other 60
source, rentals shall be fixed by each housing authority for the ensuing 61
rental year established by the authority based on one-half of the costs 62
and expenses set forth in subdivision (1) of subsection (a) of section 8-63
45, as amended by this act, plus the full amount of costs and expenses 64
set forth in [subsections (b) and (c)] subdivisions (2) and (3) of said 65
[section] subsection as set forth in the operating statements of the 66
authority for the preceding fiscal year, which total amount shall be 67
divided by the total number of rooms contained in all low-rent housing 68
projects operated by such housing authority to establish the rental cost 69
per room per annum for such tenants, from which figure shall be 70
computed the rent per month per room. [Said] Such rentals shall govern 71
for [said] such rental year. 72
Sec. 3. Section 8-72 of the general statutes is repealed and the 73
following is substituted in lieu thereof (Effective October 1, 2021): 74
(a) Each developer or housing authority shall manage and operate its 75
housing projects in an efficient manner so as to enable it to fix the rentals 76
for dwelling accommodations at the lowest possible rates consistent 77
with providing decent, safe and sanitary dwelling accommodations, 78
and no housing authority or nonprofit corporation shall construct or 79
operate any such project for profit. To this end an authority or a 80
nonprofit corporation shall fix the rentals for dwelling in its projects at 81 Raised Bill No. 6432
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no higher rates than it finds to be necessary in order to produce revenues 82
which, together with all other available money, revenues, income and 83
receipts of the authority or nonprofit corporation from whatever sources 84
derived, will be sufficient [(a)] (1) to pay, as the same become due, the 85
principal and interest on the bonds of the authority or nonprofit 86
corporation; [(b)] and (2) to meet the cost of, and to provide for, 87
maintaining and operating the projects, including the cost of any 88
insurance, and the administrative expenses of the authority or nonprofit 89
corporation; provided nothing in this section shall be construed as 90
prohibiting any authority or nonprofit corporation from providing for 91
variable rentals based on family income. 92
(b) In the operation or management of housing projects an authority 93
or nonprofit corporation shall, at all times, rent or lease the dwelling 94
accommodations therein at rentals within the financial reach of families 95
of low income. The Commissioner of Housing may establish maximum 96
income limits for admission and continued occupancy of tenants, 97
provided such maximum income limits and all revisions thereof for 98
housing projects operated pursuant to any contract with any agency of 99
the federal government shall be subject to the prior approval of such 100
federal agency. The Commissioner of Housing shall define the income 101
of a family to provide the basis for determining eligibility for the 102
admission, rentals and for the continued occupancy of families under 103
the maximum income limits fixed and approved. The definition of 104
family income, by the Commissioner of Housing, may provide for the 105
exclusion of all or part of the income of family members which, in the 106
judgment of said commissioner, is not generally available to meet the 107
cost of basic living needs of the family. No housing authority or 108
developer shall refuse to rent any dwelling accommodation to an 109
otherwise qualified applicant on the ground that one or more of the 110
proposed occupants are children born out of wedlock. 111
(c) Each housing authority and developer shall provide its 112
application to prospective residents in person, or by mail or electronic 113
mail when requested, and make such application available on its 114
Internet web site for download by prospective residents. Each housing 115 Raised Bill No. 6432
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authority and developer shall provide a receipt to each applicant for 116
admission to its housing projects stating the time and date of application 117
and shall maintain a list of such applications, which shall be a public 118
record as defined in section 1-200. The Commissioner of Housing shall, 119
by regulation adopted in accordance with the provisions of chapter 54, 120
provide for the manner in which such list shall be created, maintained 121
and revised. 122
(d) No provision of this part shall be construed as limiting the right 123
of the authority to vest in an obligee the right, in the event of a default 124
by such authority, to take possession of a housing project or cause the 125
appointment of a receiver thereof or acquire title thereto through 126
foreclosure proceedings, free from all the restrictions imposed by this 127
chapter with respect to rental rates and tenant selection. 128
(e) The Commissioner of Housing shall approve an operation or 129
management plan of each housing project, which shall provide an 130
income adequate for debt service, if any, administration, including a 131
state service charge, other operating costs and establishment of 132
reasonable reserves for repairs, maintenance and replacements, vacancy 133
and collection losses. Said commissioner shall have the right of 134
inspection of any housing during the period between the date on which 135
construction thereof begins and the date the state loan is fully paid or, 136
in the case of a grant, during the period for which any housing project 137
built pursuant to such grant is used for housing for families of low and 138
moderate income. 139
(f) An authority or developer shall semiannually submit to said 140
commissioner a sworn statement setting forth such information with 141
respect to the tenants and rentals for each housing project [hereunder] 142
in accordance with this section and the costs of operating each housing 143
project under its jurisdiction as said commissioner requires. Any person 144
who makes a false statement concerning the income of the family for 145
which application for admission to or continued occupancy of housing 146
projects is made may be fined not more than five hundred dollars or 147
imprisoned not more than six months or both. 148 Raised Bill No. 6432
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(g) With regard to a family who, since the last annual recertification, 149
received any public assistance or state-administered general assistance 150
and received earnings from employment, the authority or developer 151
shall not require any interim recertification due to an earnings increase. 152
At the annual recertification, the authority or developer shall base rent 153
levels on such family's average income throughout the preceding twelve 154
months. During the subsequent twelve-month period, the authority or 155
developer shall not require any interim recertifications due to increased 156
earnings from employment. However, if a family's income has 157
decreased, nothing in this section shall preclude an interim 158
recertification or recertification based on the reduced income level. 159
Sec. 4. Section 8-116a of the general statutes is repealed and the 160
following is substituted in lieu thereof (Effective October 1, 2021): 161
The following provisions shall be applicable to housing for elderly 162
persons: (1) There shall be no requirement that the occupants of such 163
housing constitute families and housing may be provided in separate 164
dwelling units for elderly persons living alone; (2) housing for elderly 165
persons shall conform to standards established by the Commissioner of 166
Housing and shall be designed so as to alleviate the infirmities 167
characteristic of the elderly; (3) the authority, municipal developer, 168
nonprofit corporation or housing partnership, subject to approval by the 169
Commissioner of Housing, shall fix maximum standard income and 170
asset limits for admission to such housing; (4) each housing authority, 171
municipal developer, nonprofit corporation or housing partnership 172
shall provide its application to prospective residents in person, or by 173
mail or electronic mail when requested, and make such application 174
available on its Internet web site for download by prospective residents; 175
(5) each housing authority, municipal developer, nonprofit corporation 176
or housing partnership shall provide a receipt to each applicant for 177
admission to its housing projects stating the time and date of application 178
and shall maintain a list of such applications, which shall be a public 179
record, as defined in section 1-200 and which shall be created, 180
maintained and revised in a manner which the Commissioner of 181
Housing shall, by regulation adopted in accordance with the provisions 182 Raised Bill No. 6432
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of chapter 54, provide; and [(5)] (6) any person who makes a false 183
statement concerning the income of the elderly person for whom 184
application for admission to a project under this part is made may be 185
fined not more than five hundred dollars or imprisoned not more than 186
six months, or both. 187
Sec. 5. (Effective October 1, 2021) The Commissioner of Housing shall 188
adopt regulations, in accordance with the provisions of chapter 54 of the 189
general statutes, to implement the provisions of sections 8-45, 8-72 and 190
8-116a of the general statutes, as amended by this act.191
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 8-45
Sec. 2 October 1, 2021 8-48
Sec. 3 October 1, 2021 8-72
Sec. 4 October 1, 2021 8-116a
Sec. 5 October 1, 202 New section
Statement of Purpose:
To simplify the application process for assisted housing.
[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.]