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General Assembly Substitute Bill No. 6433
January Session, 2021
AN ACT CONCERNING IN SPECTIONS OF RENTAL PROPERTY
PRIOR TO OCCUPANCY O R TERMINATION AND LATE RENTAL
PAYMENTS.
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
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 Substitute Bill No. 6433
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(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
(d) The Department of Housing shall (1) provide a standardized 31
inspection checklist for a landlord and tenant to use to document the 32
condition of a dwelling unit during the inspections conducted under 33
subsections (a) and (c) of this section, and (2) make such checklist 34
available on its Internet web site. 35
Sec. 2. Subsection (a) of section 47a-4 of the general statutes is 36
repealed and the following is substituted in lieu thereof (Effective October 37
1, 2021): 38
(a) A rental agreement shall not provide that the tenant: (1) Agrees to 39
waive or forfeit rights or remedies under this chapter and sections 47a-40
21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 41
47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of 42
the general statutes or any municipal ordinance unless such section or 43
ordinance expressly states that such rights may be waived; (2) 44
authorizes the landlord to confess judgment on a claim arising out of the 45
rental agreement; (3) agrees to the exculpation or limitation of any 46
liability of the landlord arising under law or to indemnify the landlord 47
for that liability or the costs connected therewith; (4) agrees to waive his 48
right to the interest on the security deposit pursuant to section 47a-21; 49
(5) agrees to permit the landlord to dispossess him without resort to 50 Substitute Bill No. 6433
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court order; (6) consents to the distraint of his property for rent; (7) 51
agrees to pay the landlord's attorney's fees in excess of fifteen per cent 52
of any judgment against the tenant in any action in which money 53
damages are awarded; (8) agrees to pay a late charge prior to the 54
expiration of the grace period set forth in section 47a-15a, as amended 55
by this act, or to pay rent in a reduced amount if such rent is paid prior 56
to the expiration of such grace period; (9) agrees to pay a late charge on 57
rent payments made subsequent to such grace period, in an amount 58
exceeding the amounts set forth in section 47a-15a, as amended by this 59
act; or [(9)] (10) agrees to pay a heat or utilities surcharge if heat or 60
utilities is included in the rental agreement. 61
Sec. 3. Section 47a-15a of the general statutes is repealed and the 62
following is substituted in lieu thereof (Effective October 1, 2021): 63
(a) If rent is unpaid when due and the tenant fails to pay rent within 64
nine days thereafter or, in the case of a one-week tenancy, within four 65
days thereafter, the landlord may terminate the rental agreement in 66
accordance with the provisions of sections 47a-23 to 47a-23b, inclusive. 67
(b) If a rental agreement contains a valid written agreement to pay a 68
late charge in accordance with subsection (a) of section 47a-4, as 69
amended by this act, a landlord may assess a tenant such a late charge 70
on a rent payment made subsequent to the grace period set forth in 71
subsection (a) of this section in accordance with this section. Such late 72
charge may not exceed the lesser of (1) five dollars per day, up to a 73
maximum of twenty-five dollars, or (2) five per cent of the delinquent 74
rent payment or, in the case of a rental agreement paid in whole or in 75
part by a governmental or charitable entity, five per cent of the tenant's 76
share of the delinquent rent payment. The landlord may not assess more 77
than one late charge upon a delinquent rent payment, regardless of how 78
long the rent remains unpaid. Any rent payments received by the 79
landlord shall be applied first to the most recent rent payment due. 80
Sec. 4. Section 47a-1 of the general statutes is repealed and the 81
following is substituted in lieu thereof (Effective October 1, 2021): 82 Substitute Bill No. 6433
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As used in this chapter and sections 47a-21, 47a-23 to 47a-23c, 83
inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-84
41a, 47a-43, [and] 47a-46 and section 1 of this act: 85
(a) "Action" includes recoupment, counterclaim, set-off, cause of 86
action and any other proceeding in which rights are determined, 87
including an action for possession. 88
(b) "Building and housing codes" include any law, ordinance or 89
governmental regulation concerning fitness for habitation or the 90
construction, maintenance, operation, occupancy, use or appearance of 91
any premises or dwelling unit. 92
(c) "Dwelling unit" means any house or building, or portion thereof, 93
which is occupied, is designed to be occupied, or is rented, leased or 94
hired out to be occupied, as a home or residence of one or more persons. 95
(d) "Landlord" means the owner, lessor or sublessor of the dwelling 96
unit, the building of which it is a part or the premises. 97
(e) "Owner" means one or more persons, jointly or severally, in whom 98
is vested (1) all or part of the legal title to property, or (2) all or part of 99
the beneficial ownership and a right to present use and enjoyment of the 100
premises and includes a mortgagee in possession. 101
(f) "Person" means an individual, corporation, limited liability 102
company, the state or any political subdivision thereof, or agency, 103
business trust, estate, trust, partnership or association, two or more 104
persons having a joint or common interest, and any other legal or 105
commercial entity. 106
(g) "Premises" means a dwelling unit and the structure of which it is 107
a part and facilities and appurtenances therein and grounds, areas and 108
facilities held out for the use of tenants generally or whose use is 109
promised to the tenant. 110
(h) "Rent" means all periodic payments to be made to the landlord 111 Substitute Bill No. 6433
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under the rental agreement. 112
(i) "Rental agreement" means all agreements, written or oral, and 113
valid rules and regulations adopted under section 47a-9 or subsection 114
(d) of section 21-70 embodying the terms and conditions concerning the 115
use and occupancy of a dwelling unit or premises. 116
(j) "Roomer" means a person occupying a dwelling unit, which unit 117
does not include a refrigerator, stove, kitchen sink, toilet and shower or 118
bathtub and one or more of these facilities are used in common by other 119
occupants in the structure. 120
(k) "Single-family residence" means a structure maintained and used 121
as a single dwelling unit. Notwithstanding that a dwelling unit shares 122
one or more walls with another dwelling unit or has a common parking 123
facility, it is a single-family residence if it has direct access to a street or 124
thoroughfare and does not share heating facilities, hot water equipment 125
or any other essential facility or service with any other dwelling unit. 126
(l) "Tenant" means the lessee, sublessee or person entitled under a 127
rental agreement to occupy a dwelling unit or premises to the exclusion 128
of others or as is otherwise defined by law. 129
(m) "Tenement house" means any house or building, or portion 130
thereof, which is rented, leased or hired out to be occupied, or is 131
arranged or designed to be occupied, or is occupied, as the home or 132
residence of three or more families, living independently of each other, 133
and doing their cooking upon the premises, and having a common right 134
in the halls, stairways or yards. 135
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 47a-1
Substitute Bill No. 6433
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HSG Joint Favorable Subst.