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General Assembly Raised Bill No. 6433
January Session, 2021
LCO No. 2906
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING IN SPECTIONS OF RENTAL PROPERTY
PRIOR TO OCCUPANCY O R TERMINATION, LATE RENTAL
PAYMENTS AND DESIGNA TION OF A RENTAL HOUSING
OMBUDSMAN.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) After the execution of 1
a rental agreement but prior to a tenant's occupancy, a landlord shall 2
offer such tenant the opportunity to inspect the premises of the dwelling 3
unit that is subject to such rental agreement with the landlord or the 4
landlord's agent to determine the condition of such unit. If the tenant 5
requests such inspection, the tenant and landlord shall execute a written 6
agreement after such inspection but before the tenant begins occupancy 7
of the unit attesting to the condition of the unit and specifically noting 8
any existing conditions, defects or damages to the unit determined from 9
such inspection. 10
(b) Upon the tenant's vacating of the dwelling unit, the landlord may 11
not retain any part of the security deposit collected under chapter 831 of 12
the general statutes for any condition, defect or damage that was noted 13
in the written agreement. Such written agreement shall be admissible, 14 Raised Bill No. 6433
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but not conclusive, as evidence of the condition of the dwelling unit at 15
the beginning of a tenant's occupancy in any administrative or judicial 16
proceeding. 17
(c) Within a reasonable time after notification of either the landlord's 18
or tenant's intention to terminate the tenancy, the landlord shall provide 19
written notice to the tenant of the tenant's right to request an inspection 20
of the dwelling unit before vacating the dwelling unit and to be present 21
at such inspection. If the tenant requests such inspection, the inspection 22
shall occur not earlier than two weeks before the end of the tenancy at a 23
mutually agreed-upon time. After the inspection, the landlord shall 24
provide the tenant with either (1) a statement that, as of that date, the 25
dwelling unit is in satisfactory condition, or (2) an itemized statement 26
specifying conditions which the landlord proposes to claim as the basis 27
for withholding any portion of the security deposit under section 47a-28
21 of the general statutes. Any such statement shall be admissible, but 29
not conclusive, as evidence in any administrative or judicial proceeding. 30
Sec. 2. Subsection (a) of section 47a-4 of the general statutes is 31
repealed and the following is substituted in lieu thereof (Effective October 32
1, 2021): 33
(a) A rental agreement shall not provide that the tenant: (1) Agrees to 34
waive or forfeit rights or remedies under this chapter and sections 47a-35
21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 36
47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of 37
the general statutes or any municipal ordinance unless such section or 38
ordinance expressly states that such rights may be waived; (2) 39
authorizes the landlord to confess judgment on a claim arising out of the 40
rental agreement; (3) agrees to the exculpation or limitation of any 41
liability of the landlord arising under law or to indemnify the landlord 42
for that liability or the costs connected therewith; (4) agrees to waive his 43
right to the interest on the security deposit pursuant to section 47a-21; 44
(5) agrees to permit the landlord to dispossess him without resort to 45
court order; (6) consents to the distraint of his property for rent; (7) 46
agrees to pay the landlord's attorney's fees in excess of fifteen per cent 47 Raised Bill No. 6433
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of any judgment against the tenant in any action in which money 48
damages are awarded; (8) agrees to pay a late charge prior to the 49
expiration of the grace period set forth in section 47a-15a, as amended 50
by this act, or to pay rent in a reduced amount if such rent is paid prior 51
to the expiration of such grace period; (9) agrees to pay a late charge on 52
rent payments made subsequent to such grace period, in an amount 53
exceeding the amounts set forth in section 47a-15a, as amended by this 54
act; or [(9)] (10) agrees to pay a heat or utilities surcharge if heat or 55
utilities is included in the rental agreement. 56
Sec. 3. Section 47a-15a of the general statutes is repealed and the 57
following is substituted in lieu thereof (Effective October 1, 2021): 58
(a) If rent is unpaid when due and the tenant fails to pay rent within 59
nine days thereafter or, in the case of a one-week tenancy, within four 60
days thereafter, the landlord may terminate the rental agreement in 61
accordance with the provisions of sections 47a-23 to 47a-23b, inclusive. 62
(b) If a rental agreement contains a valid written agreement to pay a 63
late charge in accordance with subsection (a) of section 47a-4, as 64
amended by this act, a landlord may assess a tenant such a late charge 65
on a rent payment made subsequent to the grace period set forth in 66
subsection (a) of this section in accordance with this section. Such late 67
charge may not exceed the lesser of (1) five dollars per day, up to a 68
maximum of twenty-five dollars, or (2) five per cent of the delinquent 69
rent payment or, in the case of a rental agreement paid in whole or in 70
part by a governmental or charitable entity, five per cent of the tenant's 71
share of the delinquent rent payment. The landlord may not assess more 72
than one late charge upon a delinquent rent payment, regardless of how 73
long the rent remains unpaid. Any rent payments received by the 74
landlord shall be applied first to the most recent rent payment due. 75
Sec. 4. (NEW) (Effective October 1, 2021) (a) The Commissioner of 76
Housing shall, within available appropriations, designate an employee 77
to serve as Rental Housing Ombudsman within the Department of 78
Housing to provide timely assistance to any tenant, as defined in section 79 Raised Bill No. 6433
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47a-1 of the general statutes, concerning complaints of unsanitary or 80
dangerous conditions in a dwelling unit, as defined in section 47a-1 of 81
the general statutes. 82
(b) The Rental Housing Ombudsman, in consultation with the 83
commissioner, shall: 84
(1) Receive, review and attempt to resolve any complaints from 85
tenants, including, but not limited to, attempts to resolve such 86
complaints in collaboration with the landlord, as defined in section 47a-87
1 of the general statutes, and any other appropriate state, federal or 88
nonprofit entities; 89
(2) Compile and analyze data on tenant complaints; 90
(3) Assist tenants to understand their rights and responsibilities 91
under the terms of their rental agreement, as defined in section 47a-1 of 92
the general statutes; 93
(4) Provide information to the public, agencies, legislators and others 94
regarding the problems and concerns of tenants and make 95
recommendations for resolving those problems and concerns; 96
(5) Analyze and monitor the development and implementation of 97
federal, state and local laws, regulations and policies relating to tenants 98
and recommend any changes the Rental Housing Ombudsman deems 99
necessary; 100
(6) Disseminate information concerning the availability of the Rental 101
Housing Ombudsman to assist tenants and potential tenants, with any 102
concerns of unsanitary or dangerous conditions; and 103
(7) Take any other actions necessary to fulfill the duties of the Rental 104
Housing Ombudsman as set forth in this subsection. 105
(c) On or before January 1, 2022, and annually thereafter, the 106
Commissioner of Housing shall submit a report, in accordance with the 107
provisions of section 11-4a of the general statutes, to the joint standing 108 Raised Bill No. 6433
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committee of the General Assembly having cognizance of matters 109
relating to housing. The commissioner shall report on: (1) The 110
implementation of this section; (2) the overall effectiveness of the Rental 111
Housing Ombudsman position; and (3) additional steps that need to be 112
taken for the Department of Housing to address complaints of 113
unsanitary or dangerous conditions in dwelling units. 114
(d) Any complaints made to the Rental Housing Ombudsman under 115
this section may be introduced as evidence in a summary process action 116
initiated pursuant to chapter 832 of the general statutes. 117
Sec. 5. Section 47a-1 of the general statutes is repealed and the 118
following is substituted in lieu thereof (Effective October 1, 2021): 119
As used in this chapter and sections 47a-21, 47a-23 to 47a-23c, 120
inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-121
41a, 47a-43, [and] 47a-46 and section 1 of this act: 122
(a) "Action" includes recoupment, counterclaim, set-off, cause of 123
action and any other proceeding in which rights are determined, 124
including an action for possession. 125
(b) "Building and housing codes" include any law, ordinance or 126
governmental regulation concerning fitness for habitation or the 127
construction, maintenance, operation, occupancy, use or appearance of 128
any premises or dwelling unit. 129
(c) "Dwelling unit" means any house or building, or portion thereof, 130
which is occupied, is designed to be occupied, or is rented, leased or 131
hired out to be occupied, as a home or residence of one or more persons. 132
(d) "Landlord" means the owner, lessor or sublessor of the dwelling 133
unit, the building of which it is a part or the premises. 134
(e) "Owner" means one or more persons, jointly or severally, in whom 135
is vested (1) all or part of the legal title to property, or (2) all or part of 136
the beneficial ownership and a right to present use and enjoyment of the 137
premises and includes a mortgagee in possession. 138 Raised Bill No. 6433
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(f) "Person" means an individual, corporation, limited liability 139
company, the state or any political subdivision thereof, or agency, 140
business trust, estate, trust, partnership or association, two or more 141
persons having a joint or common interest, and any other legal or 142
commercial entity. 143
(g) "Premises" means a dwelling unit and the structure of which it is 144
a part and facilities and appurtenances therein and grounds, areas and 145
facilities held out for the use of tenants generally or whose use is 146
promised to the tenant. 147
(h) "Rent" means all periodic payments to be made to the landlord 148
under the rental agreement. 149
(i) "Rental agreement" means all agreements, written or oral, and 150
valid rules and regulations adopted under section 47a-9 or subsection 151
(d) of section 21-70 embodying the terms and conditions concerning the 152
use and occupancy of a dwelling unit or premises. 153
(j) "Roomer" means a person occupying a dwelling unit, which unit 154
does not include a refrigerator, stove, kitchen sink, toilet and shower or 155
bathtub and one or more of these facilities are used in common by other 156
occupants in the structure. 157
(k) "Single-family residence" means a structure maintained and used 158
as a single dwelling unit. Notwithstanding that a dwelling unit shares 159
one or more walls with another dwelling unit or has a common parking 160
facility, it is a single-family residence if it has direct access to a street or 161
thoroughfare and does not share heating facilities, hot water equipment 162
or any other essential facility or service with any other dwelling unit. 163
(l) "Tenant" means the lessee, sublessee or person entitled under a 164
rental agreement to occupy a dwelling unit or premises to the exclusion 165
of others or as is otherwise defined by law. 166
(m) "Tenement house" means any house or building, or portion 167
thereof, which is rented, leased or hired out to be occupied, or is 168 Raised Bill No. 6433
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arranged or designed to be occupied, or is occupied, as the home or 169
residence of three or more families, living independently of each other, 170
and doing their cooking upon the premises, and having a common right 171
in the halls, stairways or yards.172
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Sec. 2 October 1, 2021 47a-4(a)
Sec. 3 October 1, 2021 47a-15a
Sec. 4 October 1, 2021 New section
Sec. 5 October 1, 2021 47a-1
Statement of Purpose:
To permit tenants to request an inspection of rental property prior to
occupancy and after notice of termination of a tenancy, to cap late fees
for rental payments and to create a Rental Housing Ombudsman within
the Department of 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.]