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| 4 | 4 | | LCO No. 3048 1 of 7 |
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| 6 | 6 | | |
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| 7 | 7 | | General Assembly Raised Bill No. 6432 |
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| 8 | 8 | | January Session, 2021 |
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| 9 | 9 | | LCO No. 3048 |
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| 10 | 10 | | |
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| 11 | 11 | | |
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| 12 | 12 | | Referred to Committee on HOUSING |
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| 13 | 13 | | |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by: |
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| 16 | 16 | | (HSG) |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | AN ACT CONCERNING HO USING AUTHORITY APPL ICATION |
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| 22 | 22 | | PROCEDURES. |
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| 23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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| 24 | 24 | | Assembly convened: |
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| 25 | 25 | | |
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| 26 | 26 | | Section 1. Section 8-45 of the general statutes is repealed and the 1 |
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| 27 | 27 | | following is substituted in lieu thereof (Effective October 1, 2021): 2 |
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| 28 | 28 | | (a) Each housing authority shall manage and operate its housing 3 |
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| 29 | 29 | | projects in an efficient manner so as to enable it to fix the rentals for 4 |
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| 30 | 30 | | dwelling accommodations at the lowest possible rates consistent with 5 |
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| 31 | 31 | | providing decent, safe and sanitary dwelling accommodations, and no 6 |
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| 32 | 32 | | housing authority shall construct or operate any such project for profit 7 |
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| 33 | 33 | | or as a source of revenue to the municipality. To this end an authority 8 |
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| 34 | 34 | | shall fix the rentals for dwelling in its projects at no higher rates than it 9 |
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| 35 | 35 | | finds to be necessary in order to produce revenues which, together with 10 |
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| 36 | 36 | | all other available money, revenues, income and receipts of the 11 |
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| 37 | 37 | | authority from whatever sources derived, will be sufficient [(a)] (1) to 12 |
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| 38 | 38 | | pay, as the same become due, the principal and interest on the bonds of 13 |
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| 39 | 39 | | the authority; [(b)] (2) to meet the cost of, and to provide for, 14 |
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| 40 | 40 | | maintaining and operating the projects, including the cost of any 15 Raised Bill No. 6432 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LCO No. 3048 2 of 7 |
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| 45 | 45 | | |
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| 46 | 46 | | insurance, and the administrative expenses of the authority; and [(c)] (3) 16 |
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| 47 | 47 | | to create, during not less than six years immediately succeeding its 17 |
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| 48 | 48 | | issuance of any bonds, a reserve sufficient to meet the largest principal 18 |
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| 49 | 49 | | and interest payments which will be due on such bonds in any one year 19 |
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| 50 | 50 | | thereafter and to maintain such reserve. 20 |
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| 51 | 51 | | (b) In the operation or management of housing projects an authority 21 |
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| 52 | 52 | | shall, at all times, rent or lease the dwelling accommodations therein at 22 |
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| 53 | 53 | | rentals within the financial reach of families of low income. The 23 |
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| 54 | 54 | | authority, subject to approval by the Commissioner of Housing, shall fix 24 |
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| 55 | 55 | | maximum income limits for the admission and for the continued 25 |
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| 56 | 56 | | occupancy of families in such housing, provided such maximum income 26 |
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| 57 | 57 | | limits and all revisions thereof for housing projects operated pursuant 27 |
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| 58 | 58 | | to any contract with any agency of the federal government shall be 28 |
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| 59 | 59 | | subject to the prior approval of such federal agency. The Commissioner 29 |
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| 60 | 60 | | of Housing shall define the income of a family to provide the basis for 30 |
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| 61 | 61 | | determining eligibility for the admission and for the continued 31 |
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| 62 | 62 | | occupancy of families under the maximum income limits fixed and 32 |
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| 63 | 63 | | approved. The definition of family income, by the Commissioner of 33 |
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| 64 | 64 | | Housing, may provide for the exclusion of all or part of the income of 34 |
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| 65 | 65 | | family members which, in the judgment of said commissioner, is not 35 |
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| 66 | 66 | | generally available to meet the cost of basic living needs of the family. 36 |
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| 67 | 67 | | No housing authority shall refuse to rent any dwelling accommodation 37 |
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| 68 | 68 | | to an otherwise qualified applicant on the ground that one or more of 38 |
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| 69 | 69 | | the proposed occupants are children born out of wedlock. 39 |
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| 70 | 70 | | (c) Each housing authority shall provide its application to prospective 40 |
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| 71 | 71 | | residents in person, or by mail or electronic mail when requested, and 41 |
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| 72 | 72 | | make such application available on its Internet web site for download 42 |
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| 73 | 73 | | by prospective residents. Each housing authority shall provide a receipt 43 |
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| 74 | 74 | | to each applicant for admission to its housing projects stating the time 44 |
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| 75 | 75 | | and date of application and shall maintain a list of such applications 45 |
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| 76 | 76 | | which shall be a public record as defined in section 1-200. The 46 |
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| 77 | 77 | | Commissioner of Housing shall, by regulation adopted in accordance 47 |
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| 78 | 78 | | with the provisions of chapter 54, provide for the manner in which such 48 |
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| 79 | 79 | | list shall be created, maintained and revised. 49 Raised Bill No. 6432 |
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| 80 | 80 | | |
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| 81 | 81 | | |
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| 82 | 82 | | |
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| 83 | 83 | | LCO No. 3048 3 of 7 |
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| 84 | 84 | | |
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| 85 | 85 | | (d) No provision of this chapter shall be construed as limiting the 50 |
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| 86 | 86 | | right of the authority to vest in an obligee the right, in the event of a 51 |
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| 87 | 87 | | default by such authority, to take possession of a housing project or 52 |
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| 88 | 88 | | cause the appointment of a receiver thereof or acquire title thereto 53 |
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| 89 | 89 | | through foreclosure proceedings, free from all the restrictions imposed 54 |
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| 90 | 90 | | by this chapter with respect to rental rates and tenant selection. 55 |
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| 91 | 91 | | Sec. 2. Section 8-48 of the general statutes is repealed and the 56 |
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| 92 | 92 | | following is substituted in lieu thereof (Effective October 1, 2021): 57 |
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| 93 | 93 | | In the cases of any tenants who are the recipients of one hundred per 58 |
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| 94 | 94 | | cent social services aid from the Department of Social Services of the 59 |
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| 95 | 95 | | state or any municipality and who have no income from any other 60 |
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| 96 | 96 | | source, rentals shall be fixed by each housing authority for the ensuing 61 |
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| 97 | 97 | | rental year established by the authority based on one-half of the costs 62 |
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| 98 | 98 | | and expenses set forth in subdivision (1) of subsection (a) of section 8-63 |
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| 99 | 99 | | 45, as amended by this act, plus the full amount of costs and expenses 64 |
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| 100 | 100 | | set forth in [subsections (b) and (c)] subdivisions (2) and (3) of said 65 |
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| 101 | 101 | | [section] subsection as set forth in the operating statements of the 66 |
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| 102 | 102 | | authority for the preceding fiscal year, which total amount shall be 67 |
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| 103 | 103 | | divided by the total number of rooms contained in all low-rent housing 68 |
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| 104 | 104 | | projects operated by such housing authority to establish the rental cost 69 |
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| 105 | 105 | | per room per annum for such tenants, from which figure shall be 70 |
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| 106 | 106 | | computed the rent per month per room. [Said] Such rentals shall govern 71 |
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| 107 | 107 | | for [said] such rental year. 72 |
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| 108 | 108 | | Sec. 3. Section 8-72 of the general statutes is repealed and the 73 |
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| 109 | 109 | | following is substituted in lieu thereof (Effective October 1, 2021): 74 |
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| 110 | 110 | | (a) Each developer or housing authority shall manage and operate its 75 |
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| 111 | 111 | | housing projects in an efficient manner so as to enable it to fix the rentals 76 |
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| 112 | 112 | | for dwelling accommodations at the lowest possible rates consistent 77 |
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| 113 | 113 | | with providing decent, safe and sanitary dwelling accommodations, 78 |
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| 114 | 114 | | and no housing authority or nonprofit corporation shall construct or 79 |
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| 115 | 115 | | operate any such project for profit. To this end an authority or a 80 |
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| 116 | 116 | | nonprofit corporation shall fix the rentals for dwelling in its projects at 81 Raised Bill No. 6432 |
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| 117 | 117 | | |
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| 118 | 118 | | |
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| 119 | 119 | | |
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| 120 | 120 | | LCO No. 3048 4 of 7 |
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| 121 | 121 | | |
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| 122 | 122 | | no higher rates than it finds to be necessary in order to produce revenues 82 |
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| 123 | 123 | | which, together with all other available money, revenues, income and 83 |
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| 124 | 124 | | receipts of the authority or nonprofit corporation from whatever sources 84 |
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| 125 | 125 | | derived, will be sufficient [(a)] (1) to pay, as the same become due, the 85 |
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| 126 | 126 | | principal and interest on the bonds of the authority or nonprofit 86 |
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| 127 | 127 | | corporation; [(b)] and (2) to meet the cost of, and to provide for, 87 |
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| 128 | 128 | | maintaining and operating the projects, including the cost of any 88 |
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| 129 | 129 | | insurance, and the administrative expenses of the authority or nonprofit 89 |
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| 130 | 130 | | corporation; provided nothing in this section shall be construed as 90 |
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| 131 | 131 | | prohibiting any authority or nonprofit corporation from providing for 91 |
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| 132 | 132 | | variable rentals based on family income. 92 |
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| 133 | 133 | | (b) In the operation or management of housing projects an authority 93 |
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| 134 | 134 | | or nonprofit corporation shall, at all times, rent or lease the dwelling 94 |
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| 135 | 135 | | accommodations therein at rentals within the financial reach of families 95 |
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| 136 | 136 | | of low income. The Commissioner of Housing may establish maximum 96 |
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| 137 | 137 | | income limits for admission and continued occupancy of tenants, 97 |
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| 138 | 138 | | provided such maximum income limits and all revisions thereof for 98 |
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| 139 | 139 | | housing projects operated pursuant to any contract with any agency of 99 |
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| 140 | 140 | | the federal government shall be subject to the prior approval of such 100 |
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| 141 | 141 | | federal agency. The Commissioner of Housing shall define the income 101 |
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| 142 | 142 | | of a family to provide the basis for determining eligibility for the 102 |
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| 143 | 143 | | admission, rentals and for the continued occupancy of families under 103 |
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| 144 | 144 | | the maximum income limits fixed and approved. The definition of 104 |
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| 145 | 145 | | family income, by the Commissioner of Housing, may provide for the 105 |
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| 146 | 146 | | exclusion of all or part of the income of family members which, in the 106 |
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| 147 | 147 | | judgment of said commissioner, is not generally available to meet the 107 |
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| 148 | 148 | | cost of basic living needs of the family. No housing authority or 108 |
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| 149 | 149 | | developer shall refuse to rent any dwelling accommodation to an 109 |
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| 150 | 150 | | otherwise qualified applicant on the ground that one or more of the 110 |
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| 151 | 151 | | proposed occupants are children born out of wedlock. 111 |
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| 152 | 152 | | (c) Each housing authority and developer shall provide its 112 |
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| 153 | 153 | | application to prospective residents in person, or by mail or electronic 113 |
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| 154 | 154 | | mail when requested, and make such application available on its 114 |
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| 155 | 155 | | Internet web site for download by prospective residents. Each housing 115 Raised Bill No. 6432 |
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| 156 | 156 | | |
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| 157 | 157 | | |
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| 158 | 158 | | |
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| 159 | 159 | | LCO No. 3048 5 of 7 |
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| 160 | 160 | | |
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| 161 | 161 | | authority and developer shall provide a receipt to each applicant for 116 |
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| 162 | 162 | | admission to its housing projects stating the time and date of application 117 |
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| 163 | 163 | | and shall maintain a list of such applications, which shall be a public 118 |
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| 164 | 164 | | record as defined in section 1-200. The Commissioner of Housing shall, 119 |
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| 165 | 165 | | by regulation adopted in accordance with the provisions of chapter 54, 120 |
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| 166 | 166 | | provide for the manner in which such list shall be created, maintained 121 |
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| 167 | 167 | | and revised. 122 |
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| 168 | 168 | | (d) No provision of this part shall be construed as limiting the right 123 |
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| 169 | 169 | | of the authority to vest in an obligee the right, in the event of a default 124 |
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| 170 | 170 | | by such authority, to take possession of a housing project or cause the 125 |
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| 171 | 171 | | appointment of a receiver thereof or acquire title thereto through 126 |
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| 172 | 172 | | foreclosure proceedings, free from all the restrictions imposed by this 127 |
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| 173 | 173 | | chapter with respect to rental rates and tenant selection. 128 |
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| 174 | 174 | | (e) The Commissioner of Housing shall approve an operation or 129 |
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| 175 | 175 | | management plan of each housing project, which shall provide an 130 |
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| 176 | 176 | | income adequate for debt service, if any, administration, including a 131 |
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| 177 | 177 | | state service charge, other operating costs and establishment of 132 |
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| 178 | 178 | | reasonable reserves for repairs, maintenance and replacements, vacancy 133 |
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| 179 | 179 | | and collection losses. Said commissioner shall have the right of 134 |
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| 180 | 180 | | inspection of any housing during the period between the date on which 135 |
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| 181 | 181 | | construction thereof begins and the date the state loan is fully paid or, 136 |
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| 182 | 182 | | in the case of a grant, during the period for which any housing project 137 |
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| 183 | 183 | | built pursuant to such grant is used for housing for families of low and 138 |
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| 184 | 184 | | moderate income. 139 |
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| 185 | 185 | | (f) An authority or developer shall semiannually submit to said 140 |
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| 186 | 186 | | commissioner a sworn statement setting forth such information with 141 |
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| 187 | 187 | | respect to the tenants and rentals for each housing project [hereunder] 142 |
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| 188 | 188 | | in accordance with this section and the costs of operating each housing 143 |
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| 189 | 189 | | project under its jurisdiction as said commissioner requires. Any person 144 |
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| 190 | 190 | | who makes a false statement concerning the income of the family for 145 |
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| 191 | 191 | | which application for admission to or continued occupancy of housing 146 |
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| 192 | 192 | | projects is made may be fined not more than five hundred dollars or 147 |
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| 193 | 193 | | imprisoned not more than six months or both. 148 Raised Bill No. 6432 |
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| 194 | 194 | | |
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| 195 | 195 | | |
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| 196 | 196 | | |
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| 197 | 197 | | LCO No. 3048 6 of 7 |
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| 198 | 198 | | |
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| 199 | 199 | | (g) With regard to a family who, since the last annual recertification, 149 |
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| 200 | 200 | | received any public assistance or state-administered general assistance 150 |
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| 201 | 201 | | and received earnings from employment, the authority or developer 151 |
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| 202 | 202 | | shall not require any interim recertification due to an earnings increase. 152 |
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| 203 | 203 | | At the annual recertification, the authority or developer shall base rent 153 |
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| 204 | 204 | | levels on such family's average income throughout the preceding twelve 154 |
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| 205 | 205 | | months. During the subsequent twelve-month period, the authority or 155 |
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| 206 | 206 | | developer shall not require any interim recertifications due to increased 156 |
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| 207 | 207 | | earnings from employment. However, if a family's income has 157 |
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| 208 | 208 | | decreased, nothing in this section shall preclude an interim 158 |
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| 209 | 209 | | recertification or recertification based on the reduced income level. 159 |
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| 210 | 210 | | Sec. 4. Section 8-116a of the general statutes is repealed and the 160 |
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| 211 | 211 | | following is substituted in lieu thereof (Effective October 1, 2021): 161 |
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| 212 | 212 | | The following provisions shall be applicable to housing for elderly 162 |
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| 213 | 213 | | persons: (1) There shall be no requirement that the occupants of such 163 |
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| 214 | 214 | | housing constitute families and housing may be provided in separate 164 |
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| 215 | 215 | | dwelling units for elderly persons living alone; (2) housing for elderly 165 |
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| 216 | 216 | | persons shall conform to standards established by the Commissioner of 166 |
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| 217 | 217 | | Housing and shall be designed so as to alleviate the infirmities 167 |
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| 218 | 218 | | characteristic of the elderly; (3) the authority, municipal developer, 168 |
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| 219 | 219 | | nonprofit corporation or housing partnership, subject to approval by the 169 |
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| 220 | 220 | | Commissioner of Housing, shall fix maximum standard income and 170 |
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| 221 | 221 | | asset limits for admission to such housing; (4) each housing authority, 171 |
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| 222 | 222 | | municipal developer, nonprofit corporation or housing partnership 172 |
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| 223 | 223 | | shall provide its application to prospective residents in person, or by 173 |
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| 224 | 224 | | mail or electronic mail when requested, and make such application 174 |
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| 225 | 225 | | available on its Internet web site for download by prospective residents; 175 |
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| 226 | 226 | | (5) each housing authority, municipal developer, nonprofit corporation 176 |
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| 227 | 227 | | or housing partnership shall provide a receipt to each applicant for 177 |
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| 228 | 228 | | admission to its housing projects stating the time and date of application 178 |
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| 229 | 229 | | and shall maintain a list of such applications, which shall be a public 179 |
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| 230 | 230 | | record, as defined in section 1-200 and which shall be created, 180 |
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| 231 | 231 | | maintained and revised in a manner which the Commissioner of 181 |
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| 232 | 232 | | Housing shall, by regulation adopted in accordance with the provisions 182 Raised Bill No. 6432 |
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| 233 | 233 | | |
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| 234 | 234 | | |
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| 235 | 235 | | |
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| 236 | 236 | | LCO No. 3048 7 of 7 |
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| 237 | 237 | | |
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| 238 | 238 | | of chapter 54, provide; and [(5)] (6) any person who makes a false 183 |
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| 239 | 239 | | statement concerning the income of the elderly person for whom 184 |
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| 240 | 240 | | application for admission to a project under this part is made may be 185 |
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| 241 | 241 | | fined not more than five hundred dollars or imprisoned not more than 186 |
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| 242 | 242 | | six months, or both. 187 |
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| 243 | 243 | | Sec. 5. (Effective October 1, 2021) The Commissioner of Housing shall 188 |
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| 244 | 244 | | adopt regulations, in accordance with the provisions of chapter 54 of the 189 |
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| 245 | 245 | | general statutes, to implement the provisions of sections 8-45, 8-72 and 190 |
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| 246 | 246 | | 8-116a of the general statutes, as amended by this act.191 |
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| 247 | 247 | | This act shall take effect as follows and shall amend the following |
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| 248 | 248 | | sections: |
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| 249 | 249 | | |
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| 250 | 250 | | Section 1 October 1, 2021 8-45 |
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| 251 | 251 | | Sec. 2 October 1, 2021 8-48 |
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| 252 | 252 | | Sec. 3 October 1, 2021 8-72 |
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| 253 | 253 | | Sec. 4 October 1, 2021 8-116a |
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| 254 | 254 | | Sec. 5 October 1, 202 New section |
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| 255 | 255 | | |
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| 256 | 256 | | Statement of Purpose: |
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| 257 | 257 | | To simplify the application process for assisted housing. |
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| 258 | 258 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 259 | 259 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 260 | 260 | | underlined.] |
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| 261 | 261 | | |
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