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