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General Assembly Substitute Bill No. 6529
January Session, 2021
AN ACT CONCERNING HO USING AUTHORITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-41 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
(a) For purposes of this section, a "tenant of the authority" means a 3
tenant who lives in housing owned or managed by a housing authority 4
or who is receiving housing assistance in a housing program directly 5
administered by such authority. When the governing body of a 6
municipality other than a town adopts a resolution as described in 7
section 8-40, it shall promptly notify the chief executive officer of such 8
adoption. Upon receiving such notice, the chief executive officer shall 9
appoint five persons who are residents of said municipality as 10
commissioners of the authority, except that the chief executive officer 11
may appoint two additional persons who a re residents of the 12
municipality if (1) the authority operates more than three thousand 13
units, or (2) upon the appointment of a tenant commissioner pursuant 14
to subsection (c) of this section, the additional appointments are 15
necessary to achieve compliance with 24 CFR 964.415 or section 9-167a. 16
If the governing body of a town adopts such a resolution, such body 17
shall appoint five persons who are residents of said town as 18
commissioners of the authority created for such town, except that such 19 Substitute Bill No. 6529
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body may appoint two additional persons who are residents of the town 20
if, upon the appointment of a tenant commissioner pursuant to 21
subsection (c) of this section, the additional appointments are necessary 22
to achieve compliance with 24 CFR 964.415 or section 9-167a. The 23
commissioners who are first so appointed shall be designated to serve 24
for a term of either one, two, three, four or five years, except that if the 25
authority has five members, the terms of not more than one member 26
shall expire in the same year. Terms shall commence on the first day of 27
the month next succeeding the date of their appointment, and annually 28
thereafter a commissioner shall be appointed to serve for five years 29
except that any vacancy which may occur because of a change of 30
residence by a commissioner, removal of a commissioner, resignation or 31
death shall be filled for the unexpired portion of the term. If a governing 32
body increases the membership of the authority on or after July 1, 1995, 33
such governing body shall, by resolution, provide for a term of five 34
years for each such additional member. The term of the chairman shall 35
be three years. At least one of such commissioners of an authority 36
having five members, and at least two of such commissioners of an 37
authority having more than five members, shall be a tenant or tenants 38
of the authority selected pursuant to subsection (c) of this section. If, on 39
October 1, 1979, a municipality has adopted a resolution as described in 40
section 8-40, but has no tenants serving as commissioners, the chief 41
executive officer of a municipality other than a town or the governing 42
body of a town shall appoint a tenant who meets the qualifications set 43
out in this section as a commissioner of such authority when the next 44
vacancy occurs. No commissioner of an authority may hold any public 45
office in the municipality for which the authority is created. A 46
commissioner shall hold office until said commissioner's successor is 47
appointed and has qualified. Not later than January 1, 2022, each 48
commissioner who is serving on said date and, thereafter, upon 49
appointment, each newly appointed commissioner who is not a 50
reappointment, shall participate in a training for housing authority 51
commissioners provided by the United States Department of Housing 52
and Urban Development. A certificate of the appointment or 53
reappointment of any commissioner shall be filed with the clerk and 54 Substitute Bill No. 6529
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shall be conclusive evidence of the legal appointment of such 55
commissioner, after said commissioner has taken an oath in the form 56
prescribed in the first paragraph of section 1-25. The powers of each 57
authority shall be vested in the commissioners thereof. Three 58
commissioners shall constitute a quorum if the authority consists of five 59
commissioners. Four commissioners shall constitute a quorum if the 60
authority consists of more than five commissioners. Action may be 61
taken by the authority upon a vote of not less than a majority of the 62
commissioners present, unless the bylaws of the authority require a 63
larger number. The chief executive officer, or, in the case of an authority 64
for a town, the governing body of the town, shall designate which of the 65
commissioners shall be the first chairman, but when the office of 66
chairman of the authority becomes vacant, the authority shall select a 67
chairman from among its commissioners. An authority shall select from 68
among its commissioners a vice chairman, and it may employ a 69
secretary, who shall be executive director, and technical experts and 70
such other officers, agents and employees, permanent and temporary, 71
as it requires, and shall determine their qualifications, duties and 72
compensation, provided, in municipalities having a civil service law, all 73
appointments and promotions, except the employment of the secretary, 74
shall be based on examinations given and lists prepared under such law, 75
and, except so far as may be inconsistent with the terms of this chapter, 76
such civil service law and regulations adopted thereunder shall apply 77
to such housing authority and its personnel. For such legal services as it 78
requires, an authority may employ its own counsel and legal staff. An 79
authority may delegate any of its powers and duties to one or more of 80
its agents or employees. Any person employed by a housing authority 81
on October 1, 2021, shall submit to a state and national criminal history 82
records check conducted in accordance with the provisions of section 83
29-17a, and, thereafter, any prospective employee hired on or after said 84
date by an authority, shall submit to such criminal history records check 85
prior to commencing employment with the authority. Upon receipt of 86
the criminal history records check information, the housing authority 87
may deny a person employment only upon conducting an 88
individualized assessment in good faith and considering whether (A) 89 Substitute Bill No. 6529
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there is a substantial nexus between the circumstances of the person's 90
criminal history record information, as defined in section 54-142g, and 91
employment with the housing authority, taking into account the specific 92
facts of the criminal history record information and the essential 93
functions and specific circumstances of the job, (B) there is substantial 94
evidence that the person has not been rehabilitated, and (C) insufficient 95
time has elapsed since the acts underlying the criminal history record 96
information. A commissioner, or any employee of the authority who 97
handles its funds, shall be required to furnish an adequate bond. The 98
commissioners shall serve without compensation, but shall be entitled 99
to reimbursement for their actual and necessary expenses incurred in 100
the performance of their official duties. 101
(b) The authority shall designate a tenant organization as the 102
recognized jurisdiction-wide tenant organization only if (1) the 103
members of the governing board of such tenant organization were 104
elected through a jurisdiction-wide election, and (2) such tenant 105
organization satisfies the requirements for elected jurisdiction-wide 106
resident councils pursuant to regulations promulgated by the United 107
States Department of Housing and Urban Development, except that a 108
tenant of the authority shall be eligible to vote in any election for the 109
governing board of such tenant organization and to serve on the 110
governing board of such tenant organization without regard to whether 111
such tenant receives or lives in housing that receives federal assistance. 112
Any tenant organization that has been designated by the authority as 113
the recognized jurisdiction-wide tenant organization may select tenants 114
for appointment as tenant commissioner in accordance with subsection 115
(c) of this section. 116
(c) (1) Not less than sixty days before the appointment of any tenant 117
commissioner or the expiration of the term of any tenant commissioner, 118
whichever is earlier, the housing authority shall notify all tenant 119
organizations comprised of tenants residing within units owned or 120
managed by such housing authority and all tenants of such authority of 121
such pending appointment or expiration of term. The notice shall 122 Substitute Bill No. 6529
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include information concerning procedures by which tenants may 123
petition for an election pursuant to this subsection. 124
(2) The appointee as tenant commissioner shall be selected by a fair 125
election of the tenants of the authority if, not more than thirty days after 126
the authority notifies such tenants of a pending appointment or 127
expiration of term pursuant to subdivision (1) of this subsection, ten per 128
cent of the tenants of the authority or seventy-five tenants of the 129
authority, whichever is less, petition the authority for an election. 130
(3) If the tenants of the authority have not petitioned for an election 131
pursuant to subdivision (2) of this subsection, then the appointee as 132
tenant commissioner shall be selected by the recognized jurisdiction-133
wide tenant organization, if any, by means provided for in the by-laws 134
adopted by such tenant organization. Such means may include, without 135
limitation, a fair election by the tenants of the authority or selection by 136
the governing board of such tenant organization. 137
(4) If an appointee as tenant commissioner has not been selected by 138
an election of the tenants of the authority or by other means pursuant to 139
the by-laws adopted by the recognized jurisdiction-wide tenant 140
organization by the date ninety days after the date the housing authority 141
provides notice of a pending appointment or expiration of term 142
pursuant to subdivision (1) of this subsection, then the appointing 143
authority shall select the appointee. In making such selection, the 144
appointing authority shall consider any tenant recommended by any 145
tenant organization within its jurisdiction or the jurisdiction-wide 146
tenant organization. 147
(5) The housing authority shall provide all tenants of the authority 148
with written notice of any election conducted pursuant to this 149
subsection or subsection (b) of this section not later than thirty days 150
before the date of such election. For any election conducted pursuant to 151
this subsection for an authority having more than five commissioners, 152
the housing authority may establish qualifications for the second tenant 153
commissioner as necessary to achieve compliance with 24 CFR 964.415 154 Substitute Bill No. 6529
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or section 9-167a. 155
(d) For any election conducted pursuant to subsection (c) of this 156
section, the housing authority shall use its best efforts to secure an 157
impartial entity to administer such election. To the extent practicable, 158
such impartial entity shall be selected with the agreement of the 159
recognized jurisdiction-wide tenant organization, if any. In the event of 160
a dispute concerning the procedure for or results of such election, any 161
person may petition the entity administering such election for a 162
resolution of such dispute. 163
(e) Notwithstanding any provision of subsection (a) of this section or 164
any other provision of the general statutes, a commissioner of an 165
authority may serve as a justice of the peace or a registrar of voters. 166
Sec. 2. Section 8-68f of the general statutes is repealed and the 167
following is substituted in lieu thereof (Effective October 1, 2021): 168
Each housing authority which receives financial assistance under any 169
state housing program, and the Connecticut Housing Finance Authority 170
or its subsidiary when [said] such authority or subsidiary is the 171
successor owner of housing previously owned by a housing authority 172
under part II or part VI of this chapter, shall, for housing which it owns 173
and operates, (1) provide each of its tenants with a written lease, (2) 174
provide each tenant, at the time the tenant signs an initial lease and, 175
annually thereafter, contact information for the management of the 176
housing authority, the local department of public health and the 177
Commission on Human Rights and Opportunities, and a notice of a 178
tenant's rights, (3) adopt a procedure for hearing tenant complaints and 179
grievances, [(3)] (4) adopt procedures for soliciting tenant comment on 180
proposed changes in housing authority policies and procedures, 181
including changes to its lease and to its admission and occupancy 182
policies, and [(4)] (5) encourage tenant participation in the housing 183
authority's operation of state housing programs, including, where 184
appropriate, the facilitation of tenant participation in the management 185
of housing projects. If such housing authority or the Connecticut 186 Substitute Bill No. 6529
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Housing Finance Authority or its subsidiary operates both a federal and 187
a state-assisted housing program, it shall use the same procedure for 188
hearing tenant grievances in both programs. The Commissioner of 189
Housing shall adopt regulations in accordance with the provisions of 190
chapter 54 to establish uniform minimum standards for the 191
requirements in this section. 192
Sec. 3. Section 8-68d of the general statutes is repealed and the 193
following is substituted in lieu thereof (Effective October 1, 2021): 194
(a) Each housing authority shall submit a report to the Commissioner 195
of Housing and the chief executive officer of the municipality in which 196
the authority is located not later than March first, annually. The report 197
shall contain (1) an inventory of all existing housing owned or operated 198
by the authority, including the total number, types and sizes of rental 199
units and the total number of occupancies and vacancies in each housing 200
project or development, and a description of the condition of such 201
housing, (2) a description of any new construction projects being 202
undertaken by the authority and the status of such projects, (3) the 203
number and types of any rental housing sold, leased or transferred 204
during the period of the report which is no longer available for the 205
purpose of low or moderate income rental housing, (4) the results of its 206
annual audit conducted in accordance with subsection (b) of this section, 207
and [(4)] (5) such other information as the commissioner may require by 208
regulations adopted in accordance with the provisions of chapter 54. 209
(b) The commissioners of the authority shall annually contract with a 210
firm of certified public accountants to undertake an independent 211
financial audit of the authority in accordance with generally accepted 212
auditing standards. 213
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 8-41
Sec. 2 October 1, 2021 8-68f
Sec. 3 October 1, 2021 8-68d Substitute Bill No. 6529
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HSG Joint Favorable Subst.