Connecticut 2021 Regular Session

Connecticut House Bill HB06528 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 6528
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	8	+	LCO No. 3885 1 of 12
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	10	+	General Assembly Raised Bill No. 6528
8	11		January Session, 2021
	12	+	LCO No. 3885
	13	+
	14	+
	15	+	Referred to Committee on HOUSING
	16	+
	17	+
	18	+	Introduced by:
	19	+	(HSG)
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10	22
11	23
12	24		AN ACT CONCERNING TH E SEALING OF EVICTION RECORDS.
13	25		Be it enacted by the Senate and House of Representatives in General
14	26		Assembly convened:
15	27
16		-	Section 1. (NEW) (Effective from passage) (a) As used in this section 1
17		-	and section 2 of this act, unless the context otherwise requires, 2
18		-	"consumer reporting agency" has the same meaning as provided in 15 3
19		-	USC 1681a, as amended from time to time, and further includes any 4
20		-	tenant screening or other background screening provider. 5
21		-	(b) All records of cases of summary process matters pursuant to 6
22		-	chapter 832 of the general statutes, including access to the online docket, 7
23		-	and all records of appeal under chapter 832 of the general statutes, shall 8
24		-	be sealed and confidential and for the use of the court in housing 9
25		-	matters, and open to inspection or disclosure to any third party, 10
26		-	including bona fide researchers commissioned by a state agency, only 11
27		-	upon order of the Superior Court, except as provided in subsections (c) 12
28		-	and (d) of this section. Such order may be granted ex parte upon the 13
29		-	third-party's motion and showing of good cause. For purposes of this 14
30		-	subsection, "good cause" includes, but is not limited to, the gathering of 15
31		-	newsworthy facts or information or for scholarly, educational, 16
32		-	journalistic or governmental purposes, but does not include the 17
33		-	collection of information to be provided or used by a consumer 18
34		-	reporting agency or by a landlord in making decisions regarding 19
35		-	whether and on what terms to lease a dwelling unit to a prospective 20 Substitute Bill No. 6528
	28	+	Section 1. (NEW) (Effective from passage) (a) As used in this section and 1
	29	+	section 2 of this act, unless the context otherwise requires: 2
	30	+	(1) "Consumer reporting agency" has the same meaning as provided 3
	31	+	in 15 USC 1681a, as amended from time to time, and includes, but is not 4
	32	+	limited to, any tenant screening or other background screening 5
	33	+	provider; and 6
	34	+	(2) "Landlord" has the same meaning as provided in section 47a-1 of 7
	35	+	the general statutes, as amended by this act. 8
	36	+	(b) All records of cases of summary process matters pursuant to 9
	37	+	chapter 832 of the general statutes, including access to the online docket, 10
	38	+	and all records of appeal under chapter 832 of the general statutes, shall 11
	39	+	be sealed and confidential and for the use of the court in housing 12
	40	+	matters, and open to inspection or disclosure to any third party, 13 Raised Bill No. 6528
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41	43
42		-	tenant. If the Superior Court determines that good cause exists to 21
43		-	provide such records pursuant to this subsection, the Superior Court 22
44		-	shall redact or alter all defendants' names to appellations such as "Jane 23
45		-	Doe" or "John Doe" and shall redact any personally identifiable 24
46		-	information of a defendant unless doing so is necessary to fulfill the 25
47		-	purposes of the request for access. A decision by the Superior Court 26
48		-	denying access pursuant to this subsection shall be considered a final 27
49		-	order for purposes of appeal. 28
50		-	(c) The records described in subsection (b) of this section shall be 29
51		-	available without a court order to: 30
52		-	(1) A party to the action, including a party's attorney or any designee 31
53		-	acting on a summary process defendant's behalf for the sole purpose of 32
54		-	providing assistance to such party. A party may request online access to 33
55		-	the court docket by contacting the clerk's office. Upon the filing of the 34
56		-	writ, summons and complaint in the Superior Court, the clerk of the 35
57		-	court shall mail a notice to each defendant informing the defendant how 36
58		-	to obtain access to the online docket. Such notice shall be written simply 37
59		-	and understandably in both English and Spanish; 38
60		-	(2) An occupant of the premises who is the subject of the action, who 39
61		-	provides the clerk with the name of one of the parties or the case number 40
62		-	and shows proof of occupancy. Such proof of occupancy may consist of 41
63		-	one or more of the following: (A) A piece of mail addressed to the 42
64		-	occupant at the premises; (B) a utility bill or similar documentation in 43
65		-	the occupant's name; (C) a government-provided identification listing 44
66		-	the premises as an address; or (D) other means that reasonably identifies 45
67		-	the individual to the clerk as an occupant of the premises; 46
68		-	(3) An attorney licensed to practice law in the state who has an active 47
69		-	account in the electronic system of filing documents with the Judicial 48
70		-	Branch, provided no attorney shall access the online docket of a 49
71		-	residential summary process matter in which the attorney is not 50
72		-	representing a party unless the attorney first certifies that such attorney 51
73		-	(A) is accessing such docket for the purpose of advising or representing 52 Substitute Bill No. 6528
	44	+	LCO No. 3885 2 of 12
	45	+
	46	+	including bona fide researchers commissioned by a state agency, only 14
	47	+	upon order of the Superior Court, except as provided in subsections (c) 15
	48	+	and (d) of this section. Such order may be granted ex parte upon the 16
	49	+	person's motion and showing of good cause. For purposes of this 17
	50	+	subsection, "good cause" includes, but is not limited to, the gathering of 18
	51	+	newsworthy facts or information or for scholarly, educational, 19
	52	+	journalistic or governmental purposes, but does not include the 20
	53	+	collection of information to be provided or used by a consumer 21
	54	+	reporting agency or by a landlord in making decisions regarding 22
	55	+	whether and on what terms to lease a dwelling unit to a prospective 23
	56	+	tenant. If the Superior Court determines that good cause exists to 24
	57	+	provide such records pursuant to this subsection, the Superior Court 25
	58	+	shall redact or alter all defendants' names to appellations such as "Jane 26
	59	+	Doe" or "John Doe" and shall redact any personally identifiable 27
	60	+	information of a defendant unless doing so is necessary to fulfill the 28
	61	+	purposes of the request for access. A decision by the Superior Court 29
	62	+	denying access pursuant to this subsection shall be considered a final 30
	63	+	order for purposes of appeal. 31
	64	+	(c) The records described in subsection (b) of this section shall be 32
	65	+	available without a court order to: 33
	66	+	(1) A party to the action, including a party's attorney or any designee 34
	67	+	acting on a summary process defendant's behalf for the sole purpose of 35
	68	+	providing assistance to such party. A party may request online access to 36
	69	+	the court docket by contacting the clerk's office. Upon the filing of the 37
	70	+	writ, summons and complaint in the Superior Court, the clerk of the 38
	71	+	court shall mail a notice to each defendant informing the defendant how 39
	72	+	to obtain access to the online docket. Such notice shall be written simply 40
	73	+	and understandably in both English and Spanish; 41
	74	+	(2) An occupant of the premises who is the subject of the action, who 42
	75	+	provides the clerk with the name of one of the parties or the case number 43
	76	+	and shows proof of occupancy. Such proof of occupancy may consist of 44
	77	+	one or more of the following: (A) A piece of mail addressed to the 45
	78	+	occupant at the premises; (B) a utility bill or similar documentation in 46 Raised Bill No. 6528
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80		-	a client or prospective client in such case or a materially related case, 53
81		-	and (B) will not, without permission from the tenant to which the 54
82		-	information relates, disclose or share outside such attorney's firm any 55
83		-	information gathered from the online docket to any person or entity 56
84		-	who is not a party, or such party's attorney, to the case in question or a 57
85		-	materially related case. A knowingly false certification pursuant to this 58
86		-	subsection shall subject an attorney to discipline pursuant to section 51-59
87		-	90e of the general statutes; and 60
88		-	(4) Employees of the Judicial Branch who, in the performance of their 61
89		-	duties, require access to such records. 62
90		-	(d) All records of cases of summary process matters pursuant to 63
91		-	chapter 832 of the general statutes, including access to the online docket, 64
92		-	shall be unsealed after five days if a judgment of possession for the 65
93		-	plaintiff based upon nonpayment of rent, breach of the lease or nuisance 66
94		-	or serious nuisance is entered after trial. If an appeal is taken from such 67
95		-	judgment, such unsealing shall be delayed until five days after 68
96		-	judgment becomes final and all rights of appeal are exhausted. Upon 69
97		-	motion of a party and a showing of good cause, (1) a case otherwise 70
98		-	ineligible for sealing may be ordered sealed, and (2) a case eligible for 71
99		-	sealing may be ordered unsealed. Nothing in this section shall preclude 72
100		-	the parties, by agreement, from maintaining the sealed status of any 73
101		-	case. 74
102		-	(e) Nothing in this section shall be construed to prevent the release of 75
103		-	anonymized and aggregated data relating to summary process matters, 76
104		-	including (1) caseload data, (2) statistics regarding disposition, (3) 77
105		-	aggregate demographic characteristics of parties, and (4) similar 78
106		-	information, provided such data is presented in such a way as to 79
107		-	reasonably prevent the identification of individual defendants whose 80
108		-	cases have not been unsealed pursuant to subsection (b), (c) or (d) of this 81
109		-	section. 82
110		-	(f) The Judicial Branch shall make any necessary modifications to the 83
111		-	system on the Internet web site of the Judicial Branch for accessing 84 Substitute Bill No. 6528
	82	+	LCO No. 3885 3 of 12
	83	+
	84	+	the occupant's name; (C) a government-provided identification listing 47
	85	+	the premises as an address; or (D) other means that reasonably identifies 48
	86	+	the individual to the clerk as an occupant of the premises; 49
	87	+	(3) An attorney licensed to practice law in the state who has an active 50
	88	+	account in the electronic system of filing documents with the Judicial 51
	89	+	Branch, provided no attorney shall access the online docket of a 52
	90	+	residential summary process matter in which the attorney is not 53
	91	+	representing a party unless the attorney first certifies that such attorney 54
	92	+	(A) is accessing such docket for the purpose of advising or representing 55
	93	+	a client or prospective client in such case or a materially related case, 56
	94	+	and (B) will not, without permission from the tenant to which the 57
	95	+	information relates, disclose or share outside such attorney's firm any 58
	96	+	information gathered from the online docket to any person or entity 59
	97	+	who is not a party, or such party's attorney, to the case in question or a 60
	98	+	materially related case. A knowingly false certification pursuant to this 61
	99	+	subsection shall subject an attorney to discipline pursuant to section 51-62
	100	+	90e of the general statutes; and 63
	101	+	(4) Employees of the Judicial Branch who, in the performance of their 64
	102	+	duties, require access to such records. 65
	103	+	(d) All records of cases of summary process matters pursuant to 66
	104	+	chapter 832 of the general statutes, including access to the online docket, 67
	105	+	shall be unsealed after five days if a judgment of possession for the 68
	106	+	plaintiff based upon nonpayment of rent, breach of the lease or nuisance 69
	107	+	or serious nuisance is entered after trial. If an appeal is taken from such 70
	108	+	judgment, such unsealing shall be delayed until five days after 71
	109	+	judgment becomes final and all rights of appeal are exhausted. Upon 72
	110	+	motion of a party and a showing of good cause, (1) a case otherwise 73
	111	+	ineligible for sealing may be ordered sealed, and (2) a case eligible for 74
	112	+	sealing may be ordered unsealed. Nothing in this section shall preclude 75
	113	+	the parties, by agreement, from maintaining the sealed status of any 76
	114	+	case. 77
	115	+	(e) Nothing in this section shall be construed to prevent the release of 78 Raised Bill No. 6528
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118		-	online records described in subsection (b) of this section to ensure that 85
119		-	the requirements of this section are met, including, but not limited to, 86
120		-	by requiring a certification of any attorney to access an online docket of 87
121		-	a summary process matter as set forth in subdivision (3) of subsection 88
122		-	(c) of this section. The Judicial Branch shall not sell or otherwise provide 89
123		-	information, whether digital or otherwise, to a consumer reporting 90
124		-	agency regarding summary process matters that have not been unsealed 91
125		-	pursuant to subsection (b), (c) or (d) of this section. 92
126		-	Sec. 2. (NEW) (Effective from passage) (a) No landlord of a dwelling 93
127		-	unit shall refuse to rent or offer a lease to a potential tenant, nor shall a 94
128		-	consumer reporting agency recommend against renting or offering a 95
129		-	lease to a potential tenant, on the basis that the potential tenant was 96
130		-	involved in a past or pending summary process action, unless such 97
131		-	action has been unsealed pursuant to subsection (b), (c) or (d) of section 98
132		-	1 of this act. There shall be a rebuttable presumption that a person is in 99
133		-	violation of this subsection if it is established that the person requested 100
134		-	information regarding a summary process action relating to a potential 101
135		-	tenant that has not been unsealed pursuant to subsection (b), (c) or (d) 102
136		-	of section 1 of this act from a consumer reporting agency or otherwise 103
137		-	inspected court records relating to a potential tenant and the person 104
138		-	subsequently refused to rent or offer a lease to the potential tenant. 105
139		-	(b) A landlord of a dwelling unit who refuses to rent or offer a lease 106
140		-	to a potential tenant shall provide a written explanation describing the 107
141		-	reason or reasons for denying such tenant's application. Knowingly 108
142		-	providing a false reason or reasons for denying a tenant's application 109
143		-	shall be deemed an unfair or deceptive trade practice under section 42-110
144		-	110b of the general statutes. 111
145		-	(c) An individual aggrieved by a landlord's or consumer reporting 112
146		-	agency's violation of subsection (a) of this section may file a complaint 113
147		-	with the Commission on Human Rights and Opportunities pursuant to 114
148		-	section 46a-82 of the general statutes. A violation of subsection (a) of this 115
149		-	section shall constitute a discriminatory housing practice pursuant to 116
150		-	section 46a-64c of the general statutes, as amended by this act, for the 117 Substitute Bill No. 6528
	119	+	LCO No. 3885 4 of 12
	120	+
	121	+	anonymized and aggregated data relating to summary process matters, 79
	122	+	including (1) caseload data, (2) statistics regarding disposition, (3) 80
	123	+	aggregate demographic characteristics of parties, and (4) similar 81
	124	+	information, provided such data is presented in such a way as to 82
	125	+	reasonably prevent the identification of individual defendants whose 83
	126	+	cases have not been unsealed pursuant to subsection (b), (c) or (d) of this 84
	127	+	section. 85
	128	+	(f) The Judicial Branch shall make any necessary modifications to the 86
	129	+	system on the Internet web site of the Judicial Branch for accessing 87
	130	+	online records described in subsection (b) of this section to ensure that 88
	131	+	the requirements of this section are met, including, but not limited to, 89
	132	+	by requiring a certification of any attorney to access an online docket of 90
	133	+	a summary process matter as set forth in subdivision (3) of subsection 91
	134	+	(c) of this section. The Judicial Branch shall not sell or otherwise provide 92
	135	+	information, whether digital or otherwise, to a consumer reporting 93
	136	+	agency regarding summary process matters that have not been unsealed 94
	137	+	pursuant to subsection (b), (c) or (d) of this section. 95
	138	+	Sec. 2. (NEW) (Effective from passage) (a) No landlord of a dwelling 96
	139	+	unit, as defined in section 47a-1 of the general statutes, as amended by 97
	140	+	this act, shall refuse to rent or offer a lease to a potential tenant, nor shall 98
	141	+	a consumer reporting agency recommend against renting or offering a 99
	142	+	lease to a potential tenant, on the basis that the potential tenant was 100
	143	+	involved in a past or pending summary process action, unless such 101
	144	+	action has been unsealed pursuant to subsection (b), (c) or (d) of section 102
	145	+	1 of this act. There shall be a rebuttable presumption that a person is in 103
	146	+	violation of this subsection if it is established that the person requested 104
	147	+	information regarding a summary process action relating to a potential 105
	148	+	tenant that has not been unsealed pursuant to subsection (b), (c) or (d) 106
	149	+	of section 1 of this act from a consumer reporting agency or otherwise 107
	150	+	inspected court records relating to a potential tenant and the person 108
	151	+	subsequently refused to rent or offer a lease to the potential tenant. 109
	152	+	(b) A landlord of a dwelling unit who refuses to rent or offer a lease 110
	153	+	to a potential tenant shall provide a written explanation describing the 111 Raised Bill No. 6528
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157		-	purposes of filing a complaint, investigation and administrative 118
158		-	enforcement pursuant to chapter 814c of the general statutes, but shall 119
159		-	not permit an individual to bring an action directly in the Superior Court 120
160		-	pursuant to section 46a-98a of the general statutes. 121
161		-	(d) Nothing in this section shall be construed to prevent a landlord 122
162		-	from denying an application for a tenancy solely on the basis of present 123
163		-	insufficient income or that an applicant is likely to materially damage 124
164		-	the premises or threaten the health or safety of the landlord or other 125
165		-	tenants. 126
166		-	Sec. 3. Section 46a-64c of the general statutes is repealed and the 127
167		-	following is substituted in lieu thereof (Effective from passage): 128
168		-	(a) It shall be a discriminatory practice in violation of this section: 129
169		-	(1) To refuse to sell or rent after the making of a bona fide offer, or to 130
170		-	refuse to negotiate for the sale or rental of, or otherwise make 131
171		-	unavailable or deny, a dwelling to any person because of race, creed, 132
172		-	color, national origin, ancestry, sex, gender identity or expression, 133
173		-	marital status, age, lawful source of income, familial status or status as 134
174		-	a veteran. 135
175		-	(2) To discriminate against any person in the terms, conditions, or 136
176		-	privileges of sale or rental of a dwelling, or in the provision of services 137
177		-	or facilities in connection therewith, because of race, creed, color, 138
178		-	national origin, ancestry, sex, gender identity or expression, marital 139
179		-	status, age, lawful source of income, familial status or status as a 140
180		-	veteran. 141
181		-	(3) To make, print or publish, or cause to be made, printed or 142
182		-	published any notice, statement, or advertisement, with respect to the 143
183		-	sale or rental of a dwelling that indicates any preference, limitation, or 144
184		-	discrimination based on race, creed, color, national origin, ancestry, sex, 145
185		-	gender identity or expression, marital status, age, lawful source of 146
186		-	income, familial status, learning disability, physical or mental disability 147
187		-	or status as a veteran, or an intention to make any such preference, 148 Substitute Bill No. 6528
	157	+	LCO No. 3885 5 of 12
	158	+
	159	+	reason or reasons for denying such tenant's application. Knowingly 112
	160	+	providing a false reason or reasons for denying a tenant's application 113
	161	+	shall be deemed an unfair or deceptive trade practice under section 42-114
	162	+	110b of the general statutes. 115
	163	+	(c) An individual aggrieved by a landlord's or consumer reporting 116
	164	+	agency's violation of subsection (a) of this section may file a complaint 117
	165	+	with the Commission on Human Rights and Opportunities pursuant to 118
	166	+	section 46a-82 of the general statutes. A violation of subsection (a) of this 119
	167	+	section shall constitute a discriminatory housing practice pursuant to 120
	168	+	section 46a-64c of the general statutes, as amended by this act, for the 121
	169	+	purposes of filing a complaint, investigation and administrative 122
	170	+	enforcement pursuant to chapter 814c of the general statutes, but shall 123
	171	+	not permit an individual to bring an action directly in the Superior Court 124
	172	+	pursuant to section 46a-98a of the general statutes. 125
	173	+	(d) Nothing in this section shall be construed to prevent a landlord 126
	174	+	from denying an application for a tenancy solely on the basis of present 127
	175	+	insufficient income or that an applicant is likely to materially damage 128
	176	+	the premises or threaten the health or safety of the landlord or other 129
	177	+	tenants. 130
	178	+	Sec. 3. Section 46a-64c of the general statutes is repealed and the 131
	179	+	following is substituted in lieu thereof (Effective from passage): 132
	180	+	(a) It shall be a discriminatory practice in violation of this section: 133
	181	+	(1) To refuse to sell or rent after the making of a bona fide offer, or to 134
	182	+	refuse to negotiate for the sale or rental of, or otherwise make 135
	183	+	unavailable or deny, a dwelling to any person because of race, creed, 136
	184	+	color, national origin, ancestry, sex, gender identity or expression, 137
	185	+	marital status, age, lawful source of income, familial status or status as 138
	186	+	a veteran. 139
	187	+	(2) To discriminate against any person in the terms, conditions, or 140
	188	+	privileges of sale or rental of a dwelling, or in the provision of services 141
	189	+	or facilities in connection therewith, because of race, creed, color, 142 Raised Bill No. 6528
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193	192
194		-	limitation or discrimination. 149
195		-	(4) (A) To represent to any person because of race, creed, color, 150
196		-	national origin, ancestry, sex, gender identity or expression, marital 151
197		-	status, age, lawful source of income, familial status, learning disability, 152
198		-	physical or mental disability or status as a veteran that any dwelling is 153
199		-	not available for inspection, sale or rental when such dwelling is in fact 154
200		-	so available. 155
201		-	(B) It shall be a violation of this subdivision for any person to restrict 156
202		-	or attempt to restrict the choices of any buyer or renter to purchase or 157
203		-	rent a dwelling (i) to an area which is substantially populated, even if 158
204		-	less than a majority, by persons of the same protected class as the buyer 159
205		-	or renter, (ii) while such person is authorized to offer for sale or rent 160
206		-	another dwelling which meets the housing criteria as expressed by the 161
207		-	buyer or renter to such person, and (iii) such other dwelling is in an area 162
208		-	which is not substantially populated by persons of the same protected 163
209		-	class as the buyer or renter. As used in this subdivision, "area" means 164
210		-	municipality, neighborhood or other geographic subdivision which 165
211		-	may include an apartment or condominium complex; and "protected 166
212		-	class" means race, creed, color, national origin, ancestry, sex, gender 167
213		-	identity or expression, marital status, age, lawful source of income, 168
214		-	familial status, learning disability, physical or mental disability or status 169
215		-	as a veteran. 170
216		-	(5) For profit, to induce or attempt to induce any person to sell or rent 171
217		-	any dwelling by representations regarding the entry or prospective 172
218		-	entry into the neighborhood of a person or persons of a particular race, 173
219		-	creed, color, national origin, ancestry, sex, gender identity or expression, 174
220		-	marital status, age, lawful source of income, familial status, learning 175
221		-	disability, physical or mental disability or status as a veteran. 176
222		-	(6) (A) To discriminate in the sale or rental, or to otherwise make 177
223		-	unavailable or deny, a dwelling to any buyer or renter because of a 178
224		-	learning disability or physical or mental disability of: (i) Such buyer or 179
225		-	renter; (ii) a person residing in or intending to reside in such dwelling 180 Substitute Bill No. 6528
	193	+	LCO No. 3885 6 of 12
	194	+
	195	+	national origin, ancestry, sex, gender identity or expression, marital 143
	196	+	status, age, lawful source of income, familial status or status as a 144
	197	+	veteran. 145
	198	+	(3) To make, print or publish, or cause to be made, printed or 146
	199	+	published any notice, statement, or advertisement, with respect to the 147
	200	+	sale or rental of a dwelling that indicates any preference, limitation, or 148
	201	+	discrimination based on race, creed, color, national origin, ancestry, sex, 149
	202	+	gender identity or expression, marital status, age, lawful source of 150
	203	+	income, familial status, learning disability, physical or mental disability 151
	204	+	or status as a veteran, or an intention to make any such preference, 152
	205	+	limitation or discrimination. 153
	206	+	(4) (A) To represent to any person because of race, creed, color, 154
	207	+	national origin, ancestry, sex, gender identity or expression, marital 155
	208	+	status, age, lawful source of income, familial status, learning disability, 156
	209	+	physical or mental disability or status as a veteran that any dwelling is 157
	210	+	not available for inspection, sale or rental when such dwelling is in fact 158
	211	+	so available. 159
	212	+	(B) It shall be a violation of this subdivision for any person to restrict 160
	213	+	or attempt to restrict the choices of any buyer or renter to purchase or 161
	214	+	rent a dwelling (i) to an area which is substantially populated, even if 162
	215	+	less than a majority, by persons of the same protected class as the buyer 163
	216	+	or renter, (ii) while such person is authorized to offer for sale or rent 164
	217	+	another dwelling which meets the housing criteria as expressed by the 165
	218	+	buyer or renter to such person, and (iii) such other dwelling is in an area 166
	219	+	which is not substantially populated by persons of the same protected 167
	220	+	class as the buyer or renter. As used in this subdivision, "area" means 168
	221	+	municipality, neighborhood or other geographic subdivision which 169
	222	+	may include an apartment or condominium complex; and "protected 170
	223	+	class" means race, creed, color, national origin, ancestry, sex, gender 171
	224	+	identity or expression, marital status, age, lawful source of income, 172
	225	+	familial status, learning disability, physical or mental disability or status 173
	226	+	as a veteran. 174 Raised Bill No. 6528
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232		-	after it is so sold, rented, or made available; or (iii) any person associated 181
233		-	with such buyer or renter. 182
234		-	(B) To discriminate against any person in the terms, conditions or 183
235		-	privileges of sale or rental of a dwelling, or in the provision of services 184
236		-	or facilities in connection with such dwelling, because of a learning 185
237		-	disability or physical or mental disability of: (i) Such person; or (ii) a 186
238		-	person residing in or intending to reside in such dwelling after it is so 187
239		-	sold, rented, or made available; or (iii) any person associated with such 188
240		-	person. 189
241		-	(C) For purposes of this subdivision, discrimination includes: (i) A 190
242		-	refusal to permit, at the expense of a person with a physical or mental 191
243		-	disability, reasonable modifications of existing premises occupied or to 192
244		-	be occupied by such person if such modifications may be necessary to 193
245		-	afford such person full enjoyment of the premises; except that, in the 194
246		-	case of a rental, the landlord may, where it is reasonable to do so, 195
247		-	condition permission for a modification on the renter agreeing to restore 196
248		-	the interior of the premises to the condition that existed before the 197
249		-	modification, reasonable wear and tear excepted; (ii) a refusal to make 198
250		-	reasonable accommodations in rules, policies, practices or services, 199
251		-	when such accommodations may be necessary to afford such person 200
252		-	equal opportunity to use and enjoy a dwelling; (iii) in connection with 201
253		-	the design and construction of covered multifamily dwellings for the 202
254		-	first occupancy after March 13, 1991, a failure to design and construct 203
255		-	those dwellings in such manner that they comply with the requirements 204
256		-	of Section 804(f) of the Fair Housing Act or the provisions of the state 205
257		-	building code as adopted pursuant to the provisions of sections 29-269 206
258		-	and 29-273, whichever requires greater accommodation. "Covered 207
259		-	multifamily dwellings" means buildings consisting of four or more units 208
260		-	if such buildings have one or more elevators, and ground floor units in 209
261		-	other buildings consisting of four or more units. 210
262		-	(7) For any person or other entity engaging in residential real-estate-211
263		-	related transactions to discriminate against any person in making 212
264		-	available such a transaction, or in the terms or conditions of such a 213 Substitute Bill No. 6528
	230	+	LCO No. 3885 7 of 12
	231	+
	232	+	(5) For profit, to induce or attempt to induce any person to sell or rent 175
	233	+	any dwelling by representations regarding the entry or prospective 176
	234	+	entry into the neighborhood of a person or persons of a particular race, 177
	235	+	creed, color, national origin, ancestry, sex, gender identity or expression, 178
	236	+	marital status, age, lawful source of income, familial status, learning 179
	237	+	disability, physical or mental disability or status as a veteran. 180
	238	+	(6) (A) To discriminate in the sale or rental, or to otherwise make 181
	239	+	unavailable or deny, a dwelling to any buyer or renter because of a 182
	240	+	learning disability or physical or mental disability of: (i) Such buyer or 183
	241	+	renter; (ii) a person residing in or intending to reside in such dwelling 184
	242	+	after it is so sold, rented, or made available; or (iii) any person associated 185
	243	+	with such buyer or renter. 186
	244	+	(B) To discriminate against any person in the terms, conditions or 187
	245	+	privileges of sale or rental of a dwelling, or in the provision of services 188
	246	+	or facilities in connection with such dwelling, because of a learning 189
	247	+	disability or physical or mental disability of: (i) Such person; or (ii) a 190
	248	+	person residing in or intending to reside in such dwelling after it is so 191
	249	+	sold, rented, or made available; or (iii) any person associated with such 192
	250	+	person. 193
	251	+	(C) For purposes of this subdivision, discrimination includes: (i) A 194
	252	+	refusal to permit, at the expense of a person with a physical or mental 195
	253	+	disability, reasonable modifications of existing premises occupied or to 196
	254	+	be occupied by such person if such modifications may be necessary to 197
	255	+	afford such person full enjoyment of the premises; except that, in the 198
	256	+	case of a rental, the landlord may, where it is reasonable to do so, 199
	257	+	condition permission for a modification on the renter agreeing to restore 200
	258	+	the interior of the premises to the condition that existed before the 201
	259	+	modification, reasonable wear and tear excepted; (ii) a refusal to make 202
	260	+	reasonable accommodations in rules, policies, practices or services, 203
	261	+	when such accommodations may be necessary to afford such person 204
	262	+	equal opportunity to use and enjoy a dwelling; (iii) in connection with 205
	263	+	the design and construction of covered multifamily dwellings for the 206
	264	+	first occupancy after March 13, 1991, a failure to design and construct 207 Raised Bill No. 6528
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271		-	transaction, because of race, creed, color, national origin, ancestry, sex, 214
272		-	gender identity or expression, marital status, age, lawful source of 215
273		-	income, familial status, learning disability, physical or mental disability 216
274		-	or status as a veteran. 217
275		-	(8) To deny any person access to or membership or participation in 218
276		-	any multiple-listing service, real estate brokers' organization or other 219
277		-	service, organization, or facility relating to the business of selling or 220
278		-	renting dwellings, or to discriminate against him in the terms or 221
279		-	conditions of such access, membership or participation, on account of 222
280		-	race, creed, color, national origin, ancestry, sex, gender identity or 223
281		-	expression, marital status, age, lawful source of income, familial status, 224
282		-	learning disability, physical or mental disability or status as a veteran. 225
283		-	(9) To coerce, intimidate, threaten, or interfere with any person in the 226
284		-	exercise or enjoyment of, or on account of his having exercised or 227
285		-	enjoyed, or on account of his having aided or encouraged any other 228
286		-	person in the exercise or enjoyment of, any right granted or protected 229
287		-	by this section. 230
288		-	(10) To refuse to rent or offer a lease to a potential tenant, or for a 231
289		-	consumer reporting agency, as defined in section 1 of this act, to 232
290		-	recommend against renting or offering a lease to a potential tenant, on 233
291		-	the basis that the tenant was involved in a past or pending summary 234
292		-	process action pursuant to chapter 832, unless such action has been 235
293		-	unsealed pursuant to subsection (b), (c) or (d) of section 1 of this act. 236
294		-	(b) (1) The provisions of this section shall not apply to (A) the rental 237
295		-	of a room or rooms in a single-family dwelling unit if the owner actually 238
296		-	maintains and occupies part of such living quarters as his residence or 239
297		-	(B) a unit in a dwelling containing living quarters occupied or intended 240
298		-	to be occupied by no more than two families living independently of 241
299		-	each other, if the owner actually maintains and occupies the other such 242
300		-	living quarters as his residence. (2) The provisions of this section with 243
301		-	respect to the prohibition of discrimination on the basis of marital status 244
302		-	shall not be construed to prohibit the denial of a dwelling to a man or a 245 Substitute Bill No. 6528
	268	+	LCO No. 3885 8 of 12
	269	+
	270	+	those dwellings in such manner that they comply with the requirements 208
	271	+	of Section 804(f) of the Fair Housing Act or the provisions of the state 209
	272	+	building code as adopted pursuant to the provisions of sections 29-269 210
	273	+	and 29-273, whichever requires greater accommodation. "Covered 211
	274	+	multifamily dwellings" means buildings consisting of four or more units 212
	275	+	if such buildings have one or more elevators, and ground floor units in 213
	276	+	other buildings consisting of four or more units. 214
	277	+	(7) For any person or other entity engaging in residential real-estate-215
	278	+	related transactions to discriminate against any person in making 216
	279	+	available such a transaction, or in the terms or conditions of such a 217
	280	+	transaction, because of race, creed, color, national origin, ancestry, sex, 218
	281	+	gender identity or expression, marital status, age, lawful source of 219
	282	+	income, familial status, learning disability, physical or mental disability 220
	283	+	or status as a veteran. 221
	284	+	(8) To deny any person access to or membership or participation in 222
	285	+	any multiple-listing service, real estate brokers' organization or other 223
	286	+	service, organization, or facility relating to the business of selling or 224
	287	+	renting dwellings, or to discriminate against him in the terms or 225
	288	+	conditions of such access, membership or participation, on account of 226
	289	+	race, creed, color, national origin, ancestry, sex, gender identity or 227
	290	+	expression, marital status, age, lawful source of income, familial status, 228
	291	+	learning disability, physical or mental disability or status as a veteran. 229
	292	+	(9) To coerce, intimidate, threaten, or interfere with any person in the 230
	293	+	exercise or enjoyment of, or on account of his having exercised or 231
	294	+	enjoyed, or on account of his having aided or encouraged any other 232
	295	+	person in the exercise or enjoyment of, any right granted or protected 233
	296	+	by this section. 234
	297	+	(10) To refuse to rent or offer a lease to a potential tenant, or for a 235
	298	+	consumer reporting agency, as defined in section 1 of this act, to 236
	299	+	recommend against renting or offering a lease to a potential tenant, on 237
	300	+	the basis that the tenant was involved in a past or pending summary 238
	301	+	process action pursuant to chapter 832, unless such action has been 239 Raised Bill No. 6528
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309		-	woman who are both unrelated by blood and not married to each other. 246
310		-	(3) The provisions of this section with respect to the prohibition of 247
311		-	discrimination on the basis of age shall not apply to minors, to special 248
312		-	discount or other public or private programs to assist persons sixty 249
313		-	years of age and older or to housing for older persons as defined in 250
314		-	section 46a-64b, provided there is no discrimination on the basis of age 251
315		-	among older persons eligible for such housing. (4) The provisions of this 252
316		-	section with respect to the prohibition of discrimination on the basis of 253
317		-	familial status shall not apply to housing for older persons as defined in 254
318		-	section 46a-64b or to a unit in a dwelling containing units for no more 255
319		-	than four families living independently of each other, if the owner of 256
320		-	such dwelling resides in one of the units. (5) The provisions of this 257
321		-	section with respect to the prohibition of discrimination on the basis of 258
322		-	lawful source of income shall not prohibit the denial of full and equal 259
323		-	accommodations solely on the basis of insufficient income. (6) The 260
324		-	provisions of this section with respect to the prohibition of 261
325		-	discrimination on the basis of sex shall not apply to the rental of sleeping 262
326		-	accommodations to the extent they utilize shared bathroom facilities 263
327		-	when such sleeping accommodations are provided by associations and 264
328		-	organizations which rent such sleeping accommodations on a 265
329		-	temporary or permanent basis for the exclusive use of persons of the 266
330		-	same sex based on considerations of privacy and modesty. 267
331		-	(c) Nothing in this section limits the applicability of any reasonable 268
332		-	state statute or municipal ordinance restricting the maximum number 269
333		-	of persons permitted to occupy a dwelling. 270
334		-	(d) Nothing in this section or section 46a-64b shall be construed to 271
335		-	invalidate or limit any state statute or municipal ordinance that requires 272
336		-	dwellings to be designed and constructed in a manner that affords 273
337		-	persons with physical or mental disabilities greater access than is 274
338		-	required by this section or section 46a-64b. 275
339		-	(e) Nothing in this section prohibits a person engaged in the business 276
340		-	of furnishing appraisals of real property to take into consideration 277
341		-	factors other than race, creed, color, national origin, ancestry, sex, 278 Substitute Bill No. 6528
	305	+	LCO No. 3885 9 of 12
	306	+
	307	+	unsealed pursuant to subsection (b), (c) or (d) of section 1 of this act. 240
	308	+	(b) (1) The provisions of this section shall not apply to (A) the rental 241
	309	+	of a room or rooms in a single-family dwelling unit if the owner actually 242
	310	+	maintains and occupies part of such living quarters as his residence or 243
	311	+	(B) a unit in a dwelling containing living quarters occupied or intended 244
	312	+	to be occupied by no more than two families living independently of 245
	313	+	each other, if the owner actually maintains and occupies the other such 246
	314	+	living quarters as his residence. (2) The provisions of this section with 247
	315	+	respect to the prohibition of discrimination on the basis of marital status 248
	316	+	shall not be construed to prohibit the denial of a dwelling to a man or a 249
	317	+	woman who are both unrelated by blood and not married to each other. 250
	318	+	(3) The provisions of this section with respect to the prohibition of 251
	319	+	discrimination on the basis of age shall not apply to minors, to special 252
	320	+	discount or other public or private programs to assist persons sixty 253
	321	+	years of age and older or to housing for older persons as defined in 254
	322	+	section 46a-64b, provided there is no discrimination on the basis of age 255
	323	+	among older persons eligible for such housing. (4) The provisions of this 256
	324	+	section with respect to the prohibition of discrimination on the basis of 257
	325	+	familial status shall not apply to housing for older persons as defined in 258
	326	+	section 46a-64b or to a unit in a dwelling containing units for no more 259
	327	+	than four families living independently of each other, if the owner of 260
	328	+	such dwelling resides in one of the units. (5) The provisions of this 261
	329	+	section with respect to the prohibition of discrimination on the basis of 262
	330	+	lawful source of income shall not prohibit the denial of full and equal 263
	331	+	accommodations solely on the basis of insufficient income. (6) The 264
	332	+	provisions of this section with respect to the prohibition of 265
	333	+	discrimination on the basis of sex shall not apply to the rental of sleeping 266
	334	+	accommodations to the extent they utilize shared bathroom facilities 267
	335	+	when such sleeping accommodations are provided by associations and 268
	336	+	organizations which rent such sleeping accommodations on a 269
	337	+	temporary or permanent basis for the exclusive use of persons of the 270
	338	+	same sex based on considerations of privacy and modesty. 271
	339	+	(c) Nothing in this section limits the applicability of any reasonable 272
	340	+	state statute or municipal ordinance restricting the maximum number 273 Raised Bill No. 6528
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348		-	gender identity or expression, marital status, age, lawful source of 279
349		-	income, familial status, learning disability, physical or mental disability 280
350		-	or status as a veteran. 281
351		-	(f) Notwithstanding any other provision of this chapter, complaints 282
352		-	alleging a violation of this section shall be investigated within one 283
353		-	hundred days of filing and a final administrative disposition shall be 284
354		-	made within one year of filing unless it is impracticable to do so. If the 285
355		-	Commission on Human Rights and Opportunities is unable to complete 286
356		-	its investigation or make a final administrative determination within 287
357		-	such time frames, it shall notify the complainant and the respondent in 288
358		-	writing of the reasons for not doing so. 289
359		-	(g) Any person who violates any provision of this section shall be 290
360		-	guilty of a class D misdemeanor. 291
361		-	Sec. 4. Section 47a-1 of the general statutes is repealed and the 292
362		-	following is substituted in lieu thereof (Effective from passage): 293
363		-	As used in this chapter, [and] sections 47a-21, 47a-23 to 47a-23c, 294
364		-	inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-295
365		-	41a, 47a-43 and 47a-46 and sections 1 and 2 of this act: 296
366		-	(a) "Action" includes recoupment, counterclaim, set-off, cause of 297
367		-	action and any other proceeding in which rights are determined, 298
368		-	including an action for possession. 299
369		-	(b) "Building and housing codes" include any law, ordinance or 300
370		-	governmental regulation concerning fitness for habitation or the 301
371		-	construction, maintenance, operation, occupancy, use or appearance of 302
372		-	any premises or dwelling unit. 303
373		-	(c) "Dwelling unit" means any house or building, or portion thereof, 304
374		-	which is occupied, is designed to be occupied, or is rented, leased or 305
375		-	hired out to be occupied, as a home or residence of one or more persons. 306
376		-	(d) "Landlord" means the owner, lessor or sublessor of the dwelling 307 Substitute Bill No. 6528
	344	+	LCO No. 3885 10 of 12
	345	+
	346	+	of persons permitted to occupy a dwelling. 274
	347	+	(d) Nothing in this section or section 46a-64b shall be construed to 275
	348	+	invalidate or limit any state statute or municipal ordinance that requires 276
	349	+	dwellings to be designed and constructed in a manner that affords 277
	350	+	persons with physical or mental disabilities greater access than is 278
	351	+	required by this section or section 46a-64b. 279
	352	+	(e) Nothing in this section prohibits a person engaged in the business 280
	353	+	of furnishing appraisals of real property to take into consideration 281
	354	+	factors other than race, creed, color, national origin, ancestry, sex, 282
	355	+	gender identity or expression, marital status, age, lawful source of 283
	356	+	income, familial status, learning disability, physical or mental disability 284
	357	+	or status as a veteran. 285
	358	+	(f) Notwithstanding any other provision of this chapter, complaints 286
	359	+	alleging a violation of this section shall be investigated within one 287
	360	+	hundred days of filing and a final administrative disposition shall be 288
	361	+	made within one year of filing unless it is impracticable to do so. If the 289
	362	+	Commission on Human Rights and Opportunities is unable to complete 290
	363	+	its investigation or make a final administrative determination within 291
	364	+	such time frames, it shall notify the complainant and the respondent in 292
	365	+	writing of the reasons for not doing so. 293
	366	+	(g) Any person who violates any provision of this section shall be 294
	367	+	guilty of a class D misdemeanor. 295
	368	+	Sec. 4. Section 47a-1 of the general statutes is repealed and the 296
	369	+	following is substituted in lieu thereof (Effective from passage): 297
	370	+	As used in this chapter, [and] sections 47a-21, 47a-23 to 47a-23c, 298
	371	+	inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-299
	372	+	41a, 47a-43 and 47a-46 and sections 1 and 2 of this act: 300
	373	+	(a) "Action" includes recoupment, counterclaim, set-off, cause of 301
	374	+	action and any other proceeding in which rights are determined, 302
	375	+	including an action for possession. 303 Raised Bill No. 6528
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383		-	unit, the building of which it is a part or the premises. 308
384		-	(e) "Owner" means one or more persons, jointly or severally, in whom 309
385		-	is vested (1) all or part of the legal title to property, or (2) all or part of 310
386		-	the beneficial ownership and a right to present use and enjoyment of the 311
387		-	premises and includes a mortgagee in possession. 312
388		-	(f) "Person" means an individual, corporation, limited liability 313
389		-	company, the state or any political subdivision thereof, or agency, 314
390		-	business trust, estate, trust, partnership or association, two or more 315
391		-	persons having a joint or common interest, and any other legal or 316
392		-	commercial entity. 317
393		-	(g) "Premises" means a dwelling unit and the structure of which it is 318
394		-	a part and facilities and appurtenances therein and grounds, areas and 319
395		-	facilities held out for the use of tenants generally or whose use is 320
396		-	promised to the tenant. 321
397		-	(h) "Rent" means all periodic payments to be made to the landlord 322
398		-	under the rental agreement. 323
399		-	(i) "Rental agreement" means all agreements, written or oral, and 324
400		-	valid rules and regulations adopted under section 47a-9 or subsection 325
401		-	(d) of section 21-70 embodying the terms and conditions concerning the 326
402		-	use and occupancy of a dwelling unit or premises. 327
403		-	(j) "Roomer" means a person occupying a dwelling unit, which unit 328
404		-	does not include a refrigerator, stove, kitchen sink, toilet and shower or 329
405		-	bathtub and one or more of these facilities are used in common by other 330
406		-	occupants in the structure. 331
407		-	(k) "Single-family residence" means a structure maintained and used 332
408		-	as a single dwelling unit. Notwithstanding that a dwelling unit shares 333
409		-	one or more walls with another dwelling unit or has a common parking 334
410		-	facility, it is a single-family residence if it has direct access to a street or 335
411		-	thoroughfare and does not share heating facilities, hot water equipment 336
412		-	or any other essential facility or service with any other dwelling unit. 337 Substitute Bill No. 6528
	379	+	LCO No. 3885 11 of 12
	380	+
	381	+	(b) "Building and housing codes" include any law, ordinance or 304
	382	+	governmental regulation concerning fitness for habitation or the 305
	383	+	construction, maintenance, operation, occupancy, use or appearance of 306
	384	+	any premises or dwelling unit. 307
	385	+	(c) "Dwelling unit" means any house or building, or portion thereof, 308
	386	+	which is occupied, is designed to be occupied, or is rented, leased or 309
	387	+	hired out to be occupied, as a home or residence of one or more persons. 310
	388	+	(d) "Landlord" means the owner, lessor or sublessor of the dwelling 311
	389	+	unit, the building of which it is a part or the premises. 312
	390	+	(e) "Owner" means one or more persons, jointly or severally, in whom 313
	391	+	is vested (1) all or part of the legal title to property, or (2) all or part of 314
	392	+	the beneficial ownership and a right to present use and enjoyment of the 315
	393	+	premises and includes a mortgagee in possession. 316
	394	+	(f) "Person" means an individual, corporation, limited liability 317
	395	+	company, the state or any political subdivision thereof, or agency, 318
	396	+	business trust, estate, trust, partnership or association, two or more 319
	397	+	persons having a joint or common interest, and any other legal or 320
	398	+	commercial entity. 321
	399	+	(g) "Premises" means a dwelling unit and the structure of which it is 322
	400	+	a part and facilities and appurtenances therein and grounds, areas and 323
	401	+	facilities held out for the use of tenants generally or whose use is 324
	402	+	promised to the tenant. 325
	403	+	(h) "Rent" means all periodic payments to be made to the landlord 326
	404	+	under the rental agreement. 327
	405	+	(i) "Rental agreement" means all agreements, written or oral, and 328
	406	+	valid rules and regulations adopted under section 47a-9 or subsection 329
	407	+	(d) of section 21-70 embodying the terms and conditions concerning the 330
	408	+	use and occupancy of a dwelling unit or premises. 331
	409	+	(j) "Roomer" means a person occupying a dwelling unit, which unit 332
	410	+	does not include a refrigerator, stove, kitchen sink, toilet and shower or 333 Raised Bill No. 6528
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419		-	(l) "Tenant" means the lessee, sublessee or person entitled under a 338
420		-	rental agreement to occupy a dwelling unit or premises to the exclusion 339
421		-	of others or as is otherwise defined by law. 340
422		-	(m) "Tenement house" means any house or building, or portion 341
423		-	thereof, which is rented, leased or hired out to be occupied, or is 342
424		-	arranged or designed to be occupied, or is occupied, as the home or 343
425		-	residence of three or more families, living independently of each other, 344
426		-	and doing their cooking upon the premises, and having a common right 345
427		-	in the halls, stairways or yards. 346
	414	+	LCO No. 3885 12 of 12
	415	+
	416	+	bathtub and one or more of these facilities are used in common by other 334
	417	+	occupants in the structure. 335
	418	+	(k) "Single-family residence" means a structure maintained and used 336
	419	+	as a single dwelling unit. Notwithstanding that a dwelling unit shares 337
	420	+	one or more walls with another dwelling unit or has a common parking 338
	421	+	facility, it is a single-family residence if it has direct access to a street or 339
	422	+	thoroughfare and does not share heating facilities, hot water equipment 340
	423	+	or any other essential facility or service with any other dwelling unit. 341
	424	+	(l) "Tenant" means the lessee, sublessee or person entitled under a 342
	425	+	rental agreement to occupy a dwelling unit or premises to the exclusion 343
	426	+	of others or as is otherwise defined by law. 344
	427	+	(m) "Tenement house" means any house or building, or portion 345
	428	+	thereof, which is rented, leased or hired out to be occupied, or is 346
	429	+	arranged or designed to be occupied, or is occupied, as the home or 347
	430	+	residence of three or more families, living independently of each other, 348
	431	+	and doing their cooking upon the premises, and having a common right 349
	432	+	in the halls, stairways or yards. 350
428	433		This act shall take effect as follows and shall amend the following
429	434		sections:
430	435
431		-	~~Section~~ from passage New section
	436	+	Section 1 from passage New section
432	437		Sec. 2 from passage New section
433	438		Sec. 3 from passage 46a-64c
434	439		Sec. 4 from passage 47a-1
435	440
436		-	Statement of Legislative Commissioners:
437		-	In Sections 1(a) and 2(a), references to definitions in Section 47a-1 of the
438		-	general statutes were deleted as duplicative of Section 4. In Section 1(a),
439		-	the definition of "consumer reporting agency" was edited for clarity. In
440		-	Section 1(b), "person's" was changed to "third-party's" for clarity.
441		-
442		-	HSG Joint Favorable Subst. -LCO
	441	+	Statement of Purpose:
	442	+	To prohibit landlords from considering the prior eviction records of
	443	+	prospective tenants.
	444	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	445	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	446	+	underlined.]
443	447