Connecticut 2021 Regular Session

Connecticut House Bill HB06437 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	6		General Assembly Raised Bill No. 6437
8	7		January Session, 2021
9	8		LCO No. 2815
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12	11		Referred to Committee on HOUSING
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15	14		Introduced by:
16	15		(HSG)
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20	20		AN ACT REQUIRING LAN DLORDS TO NOTIFY TEN ANTS OF
21	21		FORECLOSURE PROCEEDI NGS.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. (NEW) (Effective July 1, 2021) When renting any dwelling 1
26	26		unit that is located in a building that is subject to a pending foreclosure 2
27	27		proceeding or where a judgment has been entered against the owner or 3
28	28		landlord in a foreclosure proceeding, the landlord shall, prior to 4
29	29		entering into a rental agreement, provide the prospective tenant with a 5
30	30		written notice of such pending foreclosure proceeding or judgment. 6
31	31		Sec. 2. (NEW) (Effective October 1, 2021) (a) Any owner of property 7
32	32		containing a dwelling unit that is subject to a pending foreclosure 8
33	33		proceeding shall provide written notice of such proceeding to the 9
34	34		Commissioner of Housing, the chief executive officer of the 10
35	35		municipality in which such property is located and to all tenants 11
36	36		residing in such dwelling unit, not later than ten days after receiving 12
37	37		notice of such foreclosure proceeding. Not later than ten business days 13
38	38		after receipt of any notice, the Commissioner of Housing shall cause 14
39	39		such notice to be posted on the Internet web site of the department. 15 Raised Bill No. 6437
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46	45		(b) Any tenant receiving notice of such foreclosure proceeding may 16
47	46		file an action under section 47a-14h of the general statutes, as amended 17
48	47		by this act, to seek an order of the court appointing a receiver to collect 18
49	48		rent until the foreclosure proceeding is resolved. 19
50	49		Sec. 3. Subsections (a) and (b) of section 47a-14h of the general 20
51	50		statutes are repealed and the following is substituted in lieu thereof 21
52	51		(Effective October 1, 2021): 22
53	52		(a) Any tenant who claims that the landlord has failed to perform his 23
54	53		or her legal duties, as required by section 47a-7 or 47a-7a or subdivisions 24
55	54		(1) to (13), inclusive, of subsection (a) of section 21-82 or that the 25
56	55		property containing the dwelling unit that the tenant occupies is subject 26
57	56		to a foreclosure proceeding, as described in section 2 of this act, may 27
58	57		institute an action in the superior court having jurisdiction over housing 28
59	58		matters in the judicial district in which such tenant resides to obtain the 29
60	59		relief authorized by this section, section 2 of this act and sections 47a-7a, 30
61	60		47a-20 and 47a-68. No tenant may institute an action under this section 31
62	61		if a valid notice to quit possession or occupancy based upon 32
63	62		nonpayment of rent has been served on such tenant prior to the 33
64	63		institution of an action under this section or if a valid notice to quit 34
65	64		possession or occupancy based on any other ground has been served on 35
66	65		such tenant prior to such tenant making the complaint to the agency 36
67	66		referred to in subsection (b) of this section, provided any such notice to 37
68	67		quit is still effective. 38
69	68		(b) The action shall be instituted by filing a complaint, under oath, 39
70	69		with the clerk of the court. The complaint shall allege (1) the name of the 40
71	70		tenant; (2) the name of the landlord or, in a complaint concerning section 41
72	71		2 of this act, the name of the owner; (3) the address of the premises; (4) 42
73	72		the nature of the alleged violation of section 47a-7 or 47a-7a or 43
74	73		subsection (a) of section 21-82 or a copy of the notice received under 44
75	74		section 2 of this act; and (5) the dates when rent is due under the rental 45
76	75		agreement and the amount due on such dates. [The] Unless the 46
77	76		complaint concerns section 2 of this act, the complaint shall also allege 47
78	77		that at least twenty-one days prior to the date on which the complaint is 48 Raised Bill No. 6437
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85	83		filed, the tenant made a complaint concerning the premises to the 49
86	84		municipal agency, in the municipality where the premises are located, 50
87	85		responsible for enforcement of the housing code or, if no housing code 51
88	86		exists, of the public health code, or to the agency responsible for 52
89	87		enforcement of the code or ordinance alleged to have been violated, or 53
90	88		to another municipal agency which referred such complaint to the 54
91	89		municipal agency responsible for enforcement of such code or 55
92	90		ordinance. In the case of a mobile manufactured home located in a 56
93	91		mobile manufactured home park, such complaint may be made to the 57
94	92		Commissioner of Consumer Protection. The entry fee shall be twenty-58
95	93		five dollars, which may be waived in accordance with section 52-259b. 59
96	94		Such entry fee shall be a taxable cost of the action. If, on the same day, 60
97	95		more than one tenant from the same building or complex institutes an 61
98	96		action under this section and pays the entry fee for such action, unless 62
99	97		such fee is waived, the actions shall be treated as a single action. No 63
100	98		recognizance or bond shall be required. 64
101	99		Sec. 4. Subsection (e) of section 47a-14h of the general statutes is 65
102	100		repealed and the following is substituted in lieu thereof (Effective October 66
103	101		1, 2021): 67
104	102		(e) [The] (1) Except as provided in subdivision (2) of this section, the 68
105	103		complainant may seek and the court may order interim or final relief 69
106	104		including, but not limited to, the following: [(1)] (A) An order 70
107	105		compelling the landlord to comply with the landlord's duties under 71
108	106		local, state or federal law; [(2)] (B) an order appointing a receiver to 72
109	107		collect rent or to correct conditions in the property which violate local, 73
110	108		state or federal law; [(3)] (C) an order staying other proceedings 74
111	109		concerning the same property; [(4)] (D) an award of money damages, 75
112	110		which may include a retroactive abatement of rent paid pursuant to 76
113	111		subsection (h) of this section; and [(5)] (E) such other relief in law or 77
114	112		equity as the court may deem proper. If the court orders a retroactive 78
115	113		abatement of rent pursuant to [subdivision (4) of this subsection] 79
116	114		subparagraph (D) of this subdivision and all or a portion of the tenant's 80
117		-	rent was deposited with the court pursuant to subsection (h) of this 81 Raised Bill No. 6437
	115	+	rent was deposited with the court pursuant to subsection (h) of this 81
	116	+	section by a housing authority, municipality, state agency or similar 82 Raised Bill No. 6437
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124		-	section by a housing authority, municipality, state agency or similar 82
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125	122		entity, any rent ordered to be returned shall be returned to the tenant 83
126	123		and such entity in proportion to the amount of rent each deposited with 84
127	124		the court pursuant to subsection (h) of this section. 85
128	125		(2) For a complaint filed only under section 2 of this act, the 86
129	126		complainant may seek and the court may order relief limited to an order 87
130	127		appointing a receiver to collect rent during the pendency of the 88
131	128		foreclosure proceeding. 89
132	129		Sec. 5. Section 47a-1 of the general statutes is repealed and the 90
133	130		following is substituted in lieu thereof (Effective July 1, 2021): 91
134	131		As used in this chapter, sections 1 and 2 of this act and sections 47a-92
135	132		21, 47a-23 to 47a-23c, inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 93
136	133		47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46: 94
137	134		(a) "Action" includes recoupment, counterclaim, set-off, cause of 95
138	135		action and any other proceeding in which rights are determined, 96
139	136		including an action for possession. 97
140	137		(b) "Building and housing codes" include any law, ordinance or 98
141	138		governmental regulation concerning fitness for habitation or the 99
142	139		construction, maintenance, operation, occupancy, use or appearance of 100
143	140		any premises or dwelling unit. 101
144	141		(c) "Dwelling unit" means any house or building, or portion thereof, 102
145	142		which is occupied, is designed to be occupied, or is rented, leased or 103
146	143		hired out to be occupied, as a home or residence of one or more persons. 104
147	144		(d) "Landlord" means the owner, lessor or sublessor of the dwelling 105
148	145		unit, the building of which it is a part or the premises. 106
149	146		(e) "Owner" means one or more persons, jointly or severally, in whom 107
150	147		is vested (1) all or part of the legal title to property, or (2) all or part of 108
151	148		the beneficial ownership and a right to present use and enjoyment of the 109
152		-	premises and includes a mortgagee in possession. 110 Raised Bill No. 6437
	149	+	premises and includes a mortgagee in possession. 110
	150	+	(f) "Person" means an individual, corporation, limited liability 111 Raised Bill No. 6437
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159		-	(f) "Person" means an individual, corporation, limited liability 111
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160	156		company, the state or any political subdivision thereof, or agency, 112
161	157		business trust, estate, trust, partnership or association, two or more 113
162	158		persons having a joint or common interest, and any other legal or 114
163	159		commercial entity. 115
164	160		(g) "Premises" means a dwelling unit and the structure of which it is 116
165	161		a part and facilities and appurtenances therein and grounds, areas and 117
166	162		facilities held out for the use of tenants generally or whose use is 118
167	163		promised to the tenant. 119
168	164		(h) "Rent" means all periodic payments to be made to the landlord 120
169	165		under the rental agreement. 121
170	166		(i) "Rental agreement" means all agreements, written or oral, and 122
171	167		valid rules and regulations adopted under section 47a-9 or subsection 123
172	168		(d) of section 21-70 embodying the terms and conditions concerning the 124
173	169		use and occupancy of a dwelling unit or premises. 125
174	170		(j) "Roomer" means a person occupying a dwelling unit, which unit 126
175	171		does not include a refrigerator, stove, kitchen sink, toilet and shower or 127
176	172		bathtub and one or more of these facilities are used in common by other 128
177	173		occupants in the structure. 129
178	174		(k) "Single-family residence" means a structure maintained and used 130
179	175		as a single dwelling unit. Notwithstanding that a dwelling unit shares 131
180	176		one or more walls with another dwelling unit or has a common parking 132
181	177		facility, it is a single-family residence if it has direct access to a street or 133
182	178		thoroughfare and does not share heating facilities, hot water equipment 134
183	179		or any other essential facility or service with any other dwelling unit. 135
184	180		(l) "Tenant" means the lessee, sublessee or person entitled under a 136
185	181		rental agreement to occupy a dwelling unit or premises to the exclusion 137
186	182		of others or as is otherwise defined by law. 138
187	183		(m) "Tenement house" means any house or building, or portion 139
188		-	thereof, which is rented, leased or hired out to be occupied, or is 140 Raised Bill No. 6437
	184	+	thereof, which is rented, leased or hired out to be occupied, or is 140
	185	+	arranged or designed to be occupied, or is occupied, as the home or 141 Raised Bill No. 6437
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195		-	arranged or designed to be occupied, or is occupied, as the home or 141
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196	191		residence of three or more families, living independently of each other, 142
197	192		and doing their cooking upon the premises, and having a common right 143
198	193		in the halls, stairways or yards. 144
199	194		This act shall take effect as follows and shall amend the following
200	195		sections:
201	196
202	197		Section 1 July 1, 2021 New section
203	198		Sec. 2 October 1, 2021 New section
204	199		Sec. 3 October 1, 2021 47a-14h(a) and (b)
205	200		Sec. 4 October 1, 2021 47a-14h(e)
206	201		Sec. 5 July 1, 2021 47a-1
207	202
208		-	HSG Joint Favorable
	203	+	Statement of Purpose:
	204	+	To require landlords to notify prospective and current tenants of
	205	+	foreclosure proceedings and to permit tenants to seek court
	206	+	appointment of a receiver upon receiving such notice.
	207	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	208	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	209	+	underlined.]
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