Connecticut 2021 Regular Session

Connecticut House Bill HB06529 Compare Versions

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7-General Assembly Substitute Bill No. 6529
5+General Assembly Raised Bill No. 6529
86 January Session, 2021
7+LCO No. 3690
8+
9+
10+Referred to Committee on HOUSING
11+
12+
13+Introduced by:
14+(HSG)
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1016
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14-AN ACT CONCERNING HO USING AUTHORITIES.
19+AN ACT CONCERNING HO USING AUTHORITIES AND
20+ESTABLISHING AN OFFICE OF THE HOUSING ADVOCATE.
1521 Be it enacted by the Senate and House of Representatives in General
1622 Assembly convened:
1723
1824 Section 1. Section 8-41 of the general statutes is repealed and the 1
1925 following is substituted in lieu thereof (Effective October 1, 2021): 2
2026 (a) For purposes of this section, a "tenant of the authority" means a 3
2127 tenant who lives in housing owned or managed by a housing authority 4
2228 or who is receiving housing assistance in a housing program directly 5
2329 administered by such authority. When the governing body of a 6
2430 municipality other than a town adopts a resolution as described in 7
2531 section 8-40, it shall promptly notify the chief executive officer of such 8
2632 adoption. Upon receiving such notice, the chief executive officer shall 9
2733 appoint five persons who are residents of said municipality as 10
2834 commissioners of the authority, except that the chief executive officer 11
2935 may appoint two additional persons who are residents of the 12
3036 municipality if (1) the authority operates more than three thousand 13
3137 units, or (2) upon the appointment of a tenant commissioner pursuant 14
32-to subsection (c) of this section, the additional appointments are 15
38+to subsection (c) of this section, the additional appointments are 15 Raised Bill No. 6529
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3344 necessary to achieve compliance with 24 CFR 964.415 or section 9-167a. 16
3445 If the governing body of a town adopts such a resolution, such body 17
3546 shall appoint five persons who are residents of said town as 18
36-commissioners of the authority created for such town, except that such 19 Substitute Bill No. 6529
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47+commissioners of the authority created for such town, except that such 19
4348 body may appoint two additional persons who are residents of the town 20
4449 if, upon the appointment of a tenant commissioner pursuant to 21
4550 subsection (c) of this section, the additional appointments are necessary 22
4651 to achieve compliance with 24 CFR 964.415 or section 9-167a. The 23
4752 commissioners who are first so appointed shall be designated to serve 24
4853 for a term of either one, two, three, four or five years, except that if the 25
4954 authority has five members, the terms of not more than one member 26
5055 shall expire in the same year. Terms shall commence on the first day of 27
5156 the month next succeeding the date of their appointment, and annually 28
5257 thereafter a commissioner shall be appointed to serve for five years 29
5358 except that any vacancy which may occur because of a change of 30
5459 residence by a commissioner, removal of a commissioner, resignation or 31
5560 death shall be filled for the unexpired portion of the term. If a governing 32
5661 body increases the membership of the authority on or after July 1, 1995, 33
5762 such governing body shall, by resolution, provide for a term of five 34
5863 years for each such additional member. The term of the chairman shall 35
5964 be three years. At least one of such commissioners of an authority 36
6065 having five members, and at least two of such commissioners of an 37
6166 authority having more than five members, shall be a tenant or tenants 38
6267 of the authority selected pursuant to subsection (c) of this section. If, on 39
6368 October 1, 1979, a municipality has adopted a resolution as described in 40
6469 section 8-40, but has no tenants serving as commissioners, the chief 41
6570 executive officer of a municipality other than a town or the governing 42
6671 body of a town shall appoint a tenant who meets the qualifications set 43
6772 out in this section as a commissioner of such authority when the next 44
6873 vacancy occurs. No commissioner of an authority may hold any public 45
6974 office in the municipality for which the authority is created. A 46
7075 commissioner shall hold office until said commissioner's successor is 47
7176 appointed and has qualified. Not later than January 1, 2022, each 48
72-commissioner who is serving on said date and, thereafter, upon 49
73-appointment, each newly appointed commissioner who is not a 50
77+commissioner who is serving on said date, and, thereafter, upon 49
78+appointment, each newly appointed commissioner who is not a 50 Raised Bill No. 6529
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7484 reappointment, shall participate in a training for housing authority 51
7585 commissioners provided by the United States Department of Housing 52
7686 and Urban Development. A certificate of the appointment or 53
77-reappointment of any commissioner shall be filed with the clerk and 54 Substitute Bill No. 6529
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87+reappointment of any commissioner shall be filed with the clerk and 54
8488 shall be conclusive evidence of the legal appointment of such 55
8589 commissioner, after said commissioner has taken an oath in the form 56
8690 prescribed in the first paragraph of section 1-25. The powers of each 57
8791 authority shall be vested in the commissioners thereof. Three 58
8892 commissioners shall constitute a quorum if the authority consists of five 59
8993 commissioners. Four commissioners shall constitute a quorum if the 60
9094 authority consists of more than five commissioners. Action may be 61
9195 taken by the authority upon a vote of not less than a majority of the 62
9296 commissioners present, unless the bylaws of the authority require a 63
9397 larger number. The chief executive officer, or, in the case of an authority 64
9498 for a town, the governing body of the town, shall designate which of the 65
9599 commissioners shall be the first chairman, but when the office of 66
96100 chairman of the authority becomes vacant, the authority shall select a 67
97101 chairman from among its commissioners. An authority shall select from 68
98102 among its commissioners a vice chairman, and it may employ a 69
99103 secretary, who shall be executive director, and technical experts and 70
100104 such other officers, agents and employees, permanent and temporary, 71
101105 as it requires, and shall determine their qualifications, duties and 72
102106 compensation, provided, in municipalities having a civil service law, all 73
103107 appointments and promotions, except the employment of the secretary, 74
104108 shall be based on examinations given and lists prepared under such law, 75
105109 and, except so far as may be inconsistent with the terms of this chapter, 76
106110 such civil service law and regulations adopted thereunder shall apply 77
107111 to such housing authority and its personnel. For such legal services as it 78
108112 requires, an authority may employ its own counsel and legal staff. An 79
109113 authority may delegate any of its powers and duties to one or more of 80
110-its agents or employees. Any person employed by a housing authority 81
111-on October 1, 2021, shall submit to a state and national criminal history 82
112-records check conducted in accordance with the provisions of section 83
113-29-17a, and, thereafter, any prospective employee hired on or after said 84
114-date by an authority, shall submit to such criminal history records check 85
115-prior to commencing employment with the authority. Upon receipt of 86
116-the criminal history records check information, the housing authority 87
117-may deny a person employment only upon conducting an 88
118-individualized assessment in good faith and considering whether (A) 89 Substitute Bill No. 6529
114+its agents or employees. Not later than October 1, 2021, any existing 81
115+employee of a housing authority shall submit to a state and national 82
116+criminal history records check conducted in accordance with the 83
117+provisions of section 29-17a, and, thereafter, any prospective employee 84
118+hired on or after said date by an authority, shall submit to such a state 85 Raised Bill No. 6529
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125-there is a substantial nexus between the circumstances of the person's 90
126-criminal history record information, as defined in section 54-142g, and 91
127-employment with the housing authority, taking into account the specific 92
128-facts of the criminal history record information and the essential 93
129-functions and specific circumstances of the job, (B) there is substantial 94
130-evidence that the person has not been rehabilitated, and (C) insufficient 95
131-time has elapsed since the acts underlying the criminal history record 96
132-information. A commissioner, or any employee of the authority who 97
133-handles its funds, shall be required to furnish an adequate bond. The 98
134-commissioners shall serve without compensation, but shall be entitled 99
135-to reimbursement for their actual and necessary expenses incurred in 100
136-the performance of their official duties. 101
137-(b) The authority shall designate a tenant organization as the 102
138-recognized jurisdiction-wide tenant organization only if (1) the 103
139-members of the governing board of such tenant organization were 104
140-elected through a jurisdiction-wide election, and (2) such tenant 105
141-organization satisfies the requirements for elected jurisdiction-wide 106
142-resident councils pursuant to regulations promulgated by the United 107
143-States Department of Housing and Urban Development, except that a 108
144-tenant of the authority shall be eligible to vote in any election for the 109
145-governing board of such tenant organization and to serve on the 110
146-governing board of such tenant organization without regard to whether 111
147-such tenant receives or lives in housing that receives federal assistance. 112
148-Any tenant organization that has been designated by the authority as 113
149-the recognized jurisdiction-wide tenant organization may select tenants 114
150-for appointment as tenant commissioner in accordance with subsection 115
151-(c) of this section. 116
152-(c) (1) Not less than sixty days before the appointment of any tenant 117
153-commissioner or the expiration of the term of any tenant commissioner, 118
154-whichever is earlier, the housing authority shall notify all tenant 119
155-organizations comprised of tenants residing within units owned or 120
156-managed by such housing authority and all tenants of such authority of 121
157-such pending appointment or expiration of term. The notice shall 122 Substitute Bill No. 6529
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124+and national records check prior to commencing employment with the 86
125+authority. A commissioner, or any employee of the authority who 87
126+handles its funds, shall be required to furnish an adequate bond. The 88
127+commissioners shall serve without compensation, but shall be entitled 89
128+to reimbursement for their actual and necessary expenses incurred in 90
129+the performance of their official duties. 91
130+(b) The authority shall designate a tenant organization as the 92
131+recognized jurisdiction-wide tenant organization only if (1) the 93
132+members of the governing board of such tenant organization were 94
133+elected through a jurisdiction-wide election, and (2) such tenant 95
134+organization satisfies the requirements for elected jurisdiction-wide 96
135+resident councils pursuant to regulations promulgated by the United 97
136+States Department of Housing and Urban Development, except that a 98
137+tenant of the authority shall be eligible to vote in any election for the 99
138+governing board of such tenant organization and to serve on the 100
139+governing board of such tenant organization without regard to whether 101
140+such tenant receives or lives in housing that receives federal assistance. 102
141+Any tenant organization that has been designated by the authority as 103
142+the recognized jurisdiction-wide tenant organization may select tenants 104
143+for appointment as tenant commissioner in accordance with subsection 105
144+(c) of this section. 106
145+(c) (1) Not less than sixty days before the appointment of any tenant 107
146+commissioner or the expiration of the term of any tenant commissioner, 108
147+whichever is earlier, the housing authority shall notify all tenant 109
148+organizations comprised of tenants residing within units owned or 110
149+managed by such housing authority and all tenants of such authority of 111
150+such pending appointment or expiration of term. The notice shall 112
151+include information concerning procedures by which tenants may 113
152+petition for an election pursuant to this subsection. 114
153+(2) The appointee as tenant commissioner shall be selected by a fair 115
154+election of the tenants of the authority if, not more than thirty days after 116
155+the authority notifies such tenants of a pending appointment or 117
156+expiration of term pursuant to subdivision (1) of this subsection, ten per 118 Raised Bill No. 6529
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164-include information concerning procedures by which tenants may 123
165-petition for an election pursuant to this subsection. 124
166-(2) The appointee as tenant commissioner shall be selected by a fair 125
167-election of the tenants of the authority if, not more than thirty days after 126
168-the authority notifies such tenants of a pending appointment or 127
169-expiration of term pursuant to subdivision (1) of this subsection, ten per 128
170-cent of the tenants of the authority or seventy-five tenants of the 129
171-authority, whichever is less, petition the authority for an election. 130
172-(3) If the tenants of the authority have not petitioned for an election 131
173-pursuant to subdivision (2) of this subsection, then the appointee as 132
174-tenant commissioner shall be selected by the recognized jurisdiction-133
175-wide tenant organization, if any, by means provided for in the by-laws 134
176-adopted by such tenant organization. Such means may include, without 135
177-limitation, a fair election by the tenants of the authority or selection by 136
178-the governing board of such tenant organization. 137
179-(4) If an appointee as tenant commissioner has not been selected by 138
180-an election of the tenants of the authority or by other means pursuant to 139
181-the by-laws adopted by the recognized jurisdiction-wide tenant 140
182-organization by the date ninety days after the date the housing authority 141
183-provides notice of a pending appointment or expiration of term 142
184-pursuant to subdivision (1) of this subsection, then the appointing 143
185-authority shall select the appointee. In making such selection, the 144
186-appointing authority shall consider any tenant recommended by any 145
187-tenant organization within its jurisdiction or the jurisdiction-wide 146
188-tenant organization. 147
189-(5) The housing authority shall provide all tenants of the authority 148
190-with written notice of any election conducted pursuant to this 149
191-subsection or subsection (b) of this section not later than thirty days 150
192-before the date of such election. For any election conducted pursuant to 151
193-this subsection for an authority having more than five commissioners, 152
194-the housing authority may establish qualifications for the second tenant 153
195-commissioner as necessary to achieve compliance with 24 CFR 964.415 154 Substitute Bill No. 6529
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162+cent of the tenants of the authority or seventy-five tenants of the 119
163+authority, whichever is less, petition the authority for an election. 120
164+(3) If the tenants of the authority have not petitioned for an election 121
165+pursuant to subdivision (2) of this subsection, then the appointee as 122
166+tenant commissioner shall be selected by the recognized jurisdiction-123
167+wide tenant organization, if any, by means provided for in the by-laws 124
168+adopted by such tenant organization. Such means may include, without 125
169+limitation, a fair election by the tenants of the authority or selection by 126
170+the governing board of such tenant organization. 127
171+(4) If an appointee as tenant commissioner has not been selected by 128
172+an election of the tenants of the authority or by other means pursuant to 129
173+the by-laws adopted by the recognized jurisdiction-wide tenant 130
174+organization by the date ninety days after the date the housing authority 131
175+provides notice of a pending appointment or expiration of term 132
176+pursuant to subdivision (1) of this subsection, then the appointing 133
177+authority shall select the appointee. In making such selection, the 134
178+appointing authority shall consider any tenant recommended by any 135
179+tenant organization within its jurisdiction or the jurisdiction-wide 136
180+tenant organization. 137
181+(5) The housing authority shall provide all tenants of the authority 138
182+with written notice of any election conducted pursuant to this 139
183+subsection or subsection (b) of this section not later than thirty days 140
184+before the date of such election. For any election conducted pursuant to 141
185+this subsection for an authority having more than five commissioners, 142
186+the housing authority may establish qualifications for the second tenant 143
187+commissioner as necessary to achieve compliance with 24 CFR 964.415 144
188+or section 9-167a. 145
189+(d) For any election conducted pursuant to subsection (c) of this 146
190+section, the housing authority shall use its best efforts to secure an 147
191+impartial entity to administer such election. To the extent practicable, 148
192+such impartial entity shall be selected with the agreement of the 149
193+recognized jurisdiction-wide tenant organization, if any. In the event of 150 Raised Bill No. 6529
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202-or section 9-167a. 155
203-(d) For any election conducted pursuant to subsection (c) of this 156
204-section, the housing authority shall use its best efforts to secure an 157
205-impartial entity to administer such election. To the extent practicable, 158
206-such impartial entity shall be selected with the agreement of the 159
207-recognized jurisdiction-wide tenant organization, if any. In the event of 160
208-a dispute concerning the procedure for or results of such election, any 161
209-person may petition the entity administering such election for a 162
210-resolution of such dispute. 163
211-(e) Notwithstanding any provision of subsection (a) of this section or 164
212-any other provision of the general statutes, a commissioner of an 165
213-authority may serve as a justice of the peace or a registrar of voters. 166
214-Sec. 2. Section 8-68f of the general statutes is repealed and the 167
215-following is substituted in lieu thereof (Effective October 1, 2021): 168
216-Each housing authority which receives financial assistance under any 169
217-state housing program, and the Connecticut Housing Finance Authority 170
218-or its subsidiary when [said] such authority or subsidiary is the 171
219-successor owner of housing previously owned by a housing authority 172
220-under part II or part VI of this chapter, shall, for housing which it owns 173
221-and operates, (1) provide each of its tenants with a written lease, (2) 174
222-provide each tenant, at the time the tenant signs an initial lease and, 175
223-annually thereafter, contact information for the management of the 176
224-housing authority, the local department of public health and the 177
225-Commission on Human Rights and Opportunities, and a notice of a 178
226-tenant's rights, (3) adopt a procedure for hearing tenant complaints and 179
227-grievances, [(3)] (4) adopt procedures for soliciting tenant comment on 180
228-proposed changes in housing authority policies and procedures, 181
229-including changes to its lease and to its admission and occupancy 182
230-policies, and [(4)] (5) encourage tenant participation in the housing 183
231-authority's operation of state housing programs, including, where 184
232-appropriate, the facilitation of tenant participation in the management 185
233-of housing projects. If such housing authority or the Connecticut 186 Substitute Bill No. 6529
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199+a dispute concerning the procedure for or results of such election, any 151
200+person may petition the entity administering such election for a 152
201+resolution of such dispute. 153
202+(e) Notwithstanding any provision of subsection (a) of this section or 154
203+any other provision of the general statutes, a commissioner of an 155
204+authority may serve as a justice of the peace or a registrar of voters. 156
205+Sec. 2. Section 8-68f of the general statutes is repealed and the 157
206+following is substituted in lieu thereof (Effective October 1, 2021): 158
207+Each housing authority which receives financial assistance under any 159
208+state housing program, and the Connecticut Housing Finance Authority 160
209+or its subsidiary when [said] such authority or subsidiary is the 161
210+successor owner of housing previously owned by a housing authority 162
211+under part II or part VI of this chapter, shall, for housing which it owns 163
212+and operates, (1) provide each of its tenants with a written lease, (2) 164
213+provide each tenant, at the time the tenant signs an initial lease and 165
214+annually thereafter, contact information for the management of the 166
215+housing authority, the local department of public health and the 167
216+Commission on Human Rights and Opportunities, and a notice of a 168
217+tenant's rights, (3) adopt a procedure for hearing tenant complaints and 169
218+grievances, [(3)] (4) adopt procedures for soliciting tenant comment on 170
219+proposed changes in housing authority policies and procedures, 171
220+including changes to its lease and to its admission and occupancy 172
221+policies, and [(4)] (5) encourage tenant participation in the housing 173
222+authority's operation of state housing programs, including, where 174
223+appropriate, the facilitation of tenant participation in the management 175
224+of housing projects. If such housing authority or the Connecticut 176
225+Housing Finance Authority or its subsidiary operates both a federal and 177
226+a state-assisted housing program, it shall use the same procedure for 178
227+hearing tenant grievances in both programs. The Commissioner of 179
228+Housing shall adopt regulations in accordance with the provisions of 180
229+chapter 54 to establish uniform minimum standards for the 181
230+requirements in this section. 182 Raised Bill No. 6529
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240-Housing Finance Authority or its subsidiary operates both a federal and 187
241-a state-assisted housing program, it shall use the same procedure for 188
242-hearing tenant grievances in both programs. The Commissioner of 189
243-Housing shall adopt regulations in accordance with the provisions of 190
244-chapter 54 to establish uniform minimum standards for the 191
245-requirements in this section. 192
246-Sec. 3. Section 8-68d of the general statutes is repealed and the 193
247-following is substituted in lieu thereof (Effective October 1, 2021): 194
248-(a) Each housing authority shall submit a report to the Commissioner 195
249-of Housing and the chief executive officer of the municipality in which 196
250-the authority is located not later than March first, annually. The report 197
251-shall contain (1) an inventory of all existing housing owned or operated 198
252-by the authority, including the total number, types and sizes of rental 199
253-units and the total number of occupancies and vacancies in each housing 200
254-project or development, and a description of the condition of such 201
255-housing, (2) a description of any new construction projects being 202
256-undertaken by the authority and the status of such projects, (3) the 203
257-number and types of any rental housing sold, leased or transferred 204
258-during the period of the report which is no longer available for the 205
259-purpose of low or moderate income rental housing, (4) the results of its 206
260-annual audit conducted in accordance with subsection (b) of this section, 207
261-and [(4)] (5) such other information as the commissioner may require by 208
262-regulations adopted in accordance with the provisions of chapter 54. 209
263-(b) The commissioners of the authority shall annually contract with a 210
264-firm of certified public accountants to undertake an independent 211
265-financial audit of the authority in accordance with generally accepted 212
266-auditing standards. 213
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236+Sec. 3. Section 8-68d of the general statutes is repealed and the 183
237+following is substituted in lieu thereof (Effective October 1, 2021): 184
238+(a) Each housing authority shall submit a report to the Commissioner 185
239+of Housing and the chief executive officer of the municipality in which 186
240+the authority is located not later than March first, annually. The report 187
241+shall contain (1) an inventory of all existing housing owned or operated 188
242+by the authority, including the total number, types and sizes of rental 189
243+units and the total number of occupancies and vacancies in each housing 190
244+project or development, and a description of the condition of such 191
245+housing, (2) a description of any new construction projects being 192
246+undertaken by the authority and the status of such projects, (3) the 193
247+number and types of any rental housing sold, leased or transferred 194
248+during the period of the report which is no longer available for the 195
249+purpose of low or moderate income rental housing, (4) the results of its 196
250+annual audit conducted in accordance with subsection (b) of this section, 197
251+and [(4)] (5) such other information as the commissioner may require by 198
252+regulations adopted in accordance with the provisions of chapter 54. 199
253+(b) The commissioners of the authority shall annually contract with a 200
254+firm of certified public accountants to undertake an independent 201
255+financial audit of the authority in accordance with generally accepted 202
256+auditing standards. 203
257+Sec. 4. (NEW) (Effective October 1, 2021) (a) There is established, within 204
258+the Department of Housing, an Office of the Housing Advocate. Not 205
259+later than October 1, 2021, the Commissioner of Housing shall, within 206
260+available appropriations, designate an employee within the Department 207
261+of Housing with knowledge of housing-related issues and state 208
262+programs to serve as Housing Advocate. 209
263+(b) The Office of the Housing Advocate shall provide services to any 210
264+tenant, as defined in section 47a-1 of the general statutes, including, but 211
265+not limited to, (1) assisting a tenant in understanding the tenant's rights 212
266+and responsibilities under the terms of his or her rental agreement, as 213
267+defined in section 47a-1 of the general statutes; (2) providing resources 214 Raised Bill No. 6529
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273+to assist a tenant in advocating for himself or herself to resolve a dispute 215
274+with a housing authority, as defined in section 8-39 of the general 216
275+statutes, or a landlord, as defined in section 47a-1 of the general statutes; 217
276+and (3) coordinating finding housing for a tenant. 218
277+(c) The Housing Advocate may, within available funds, appoint such 219
278+staff as may be deemed necessary. The duties of the staff may include 220
279+the duties of the Housing Advocate if performed under the direction of 221
280+the Housing Advocate. 222
281+(d) The General Assembly may annually appropriate such sums as 223
282+necessary for the payment of the salaries of the staff and for the payment 224
283+of office expenses and other actual expenses incurred by the Housing 225
284+Advocate in the performance of the advocate's duties. 226
285+(e) Not later than February 1, 2022, and annually thereafter, the 227
286+Housing Advocate shall submit, in accordance with the provisions of 228
287+section 11-4a of the general statutes, to the Commissioner of Housing 229
288+and the joint standing committee of the General Assembly having 230
289+cognizance of matters relating to housing, a detailed report analyzing 231
290+the activities of the Office of the Housing Advocate during the prior year 232
291+and any recommendations for proposed legislation to promote the 233
292+purposes of the office. 234
267293 This act shall take effect as follows and shall amend the following
268294 sections:
269295
270296 Section 1 October 1, 2021 8-41
271297 Sec. 2 October 1, 2021 8-68f
272-Sec. 3 October 1, 2021 8-68d Substitute Bill No. 6529
298+Sec. 3 October 1, 2021 8-68d
299+Sec. 4 October 1, 2021 New section
300+
301+Statement of Purpose:
302+To create an Office of the Housing Advocate, require training for
303+housing authority commissioners and criminal history records checks
304+for housing authority employees, and require housing authorities to
305+provide certain contact information and notify tenants of their rights. Raised Bill No. 6529
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280-HSG Joint Favorable Subst.
311+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
312+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
313+underlined.]
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