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General Assembly Raised Bill No. 6531
January Session, 2021
LCO No. 3681
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING TH E RIGHT TO COUNSEL IN EVICTION
PROCEEDINGS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
(1) "Covered individual" means any tenant who is indigent and who 2
occupies a dwelling unit by right or privilege, and excludes the owner 3
of the dwelling unit; 4
(2) "Covered proceeding" means any judicial proceeding in a 5
summary process action instituted pursuant to chapter 832 of the 6
general statutes against a tenant who is a covered individual; 7
(3) "Designated organization" means any not-for-profit organization 8
or association designated by the Judicial Department or, where a not-9
for-profit organization or association is unable to provide 10
representation, an attorney who (A) is not an employee of a designated 11
organization but who contracts with the Judicial Department to provide 12
legal representation to covered individuals in covered proceedings, (B) 13
is authorized to practice law in the state, and (C) has completed 14 Raised Bill No. 6531
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adequate training and experience requirements as determined by the 15
Judicial Department; 16
(4) "Designated community group" means a not -for-profit 17
community organization or association designated by the Department 18
of Housing that has the capacity to conduct tenant outreach, 19
engagement, education and information with regard to this section; 20
(5) "Legal representation" means ongoing legal representation 21
provided by a designated organization to a covered individual, and all 22
legal advice, advocacy and assistance associated with that 23
representation that is required to provide the best possible outcome for 24
a particular case; 25
(6) "Indigent person" means a person who has a right to legal 26
representation under this section who does not have the financial ability 27
at the time of his or her request for representation to secure competent 28
legal representation and to provide other necessary expenses of legal 29
representation; 30
(7) "Tenant", "landlord", "owner" and "dwelling unit" have the same 31
meanings as provided in section 47a-1 of the general statutes; and 32
(8) "Housing authority" has the same meaning as provided in section 33
8-39 of the general statutes. 34
(b) At the commencement of any covered proceeding, a covered 35
individual shall have the right to legal representation and be so 36
informed by the judge, and that if the covered individual is unable to 37
afford legal representation, legal representation will be provided for 38
him or her. The Judicial Department shall ensure that a covered 39
individual receives legal representation from a designated organization 40
in a covered proceeding as soon as practicable after a covered 41
individual's request for such services, but not later than the time of the 42
covered individual's first scheduled appearance in such covered 43
proceeding. If a covered individual has not obtained legal 44
representation by the covered individual's first scheduled appearance, 45 Raised Bill No. 6531
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the court shall continue the case for a period of time sufficient for the 46
covered individual to be assigned legal representation pursuant to this 47
section. 48
(c) (1) The Judicial Department, in consultation with the Department 49
of Housing, shall oversee the administration of the provisions of this 50
section and shall work with designated community groups to engage 51
and educate tenants about their rights, including, but not limited to, (A) 52
hosting trainings and other workshops for tenants to educate them on 53
their rights; (B) distributing written information to tenants; (C) assisting 54
tenants to form and maintain tenant associations; (D) referring tenants 55
to designated community groups; and (E) engaging in any other activity 56
designed to educate or inform tenants about their rights. 57
(2) An owner, agent or landlord, housing authority, or state marshal, 58
as applicable, shall provide a tenant a copy of a brochure approved by 59
the Judicial Department that discusses the legal representation available 60
to tenants, including, but not limited to, any right to legal representation 61
pursuant to this section, at the time (A) such owner, agent or landlord 62
commences a summary process action pursuant to chapter 832 of the 63
general statutes against a tenant; (B) such housing authority sends a 64
notice to a tenant regarding the termination of a lease; and (C) such state 65
marshal serves notice of a petition, summons or complaint in a 66
summary process action pursuant to chapter 832 of the general statutes 67
upon the tenant. Such brochure shall be made available on the Judicial 68
Department's Internet web site. 69
(d) (1) The Judicial Department shall provide each designated 70
organization assigned to represent a covered individual pursuant to this 71
section with fair and just compensation that will allow each designated 72
organization to provide an organizational structure with appropriate 73
supervision, caseloads and oversight of staff and delivery to promote 74
high-quality representation and legal work. The Chief Court 75
Administrator shall include in the annual estimates of expenditure 76
requirements transmitted to the Secretary of the Office of Policy and 77
Management pursuant to section 4-77 of the general statutes the 78 Raised Bill No. 6531
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expenditures required sufficient to finance legal representation by 79
designated legal organizations under this section. Not later than 80
October 1, 2022, and annually thereafter, the Chief Court Administrator 81
shall post a summary of any changes to such estimates for expenditures 82
on the Judicial Department's Internet web site. 83
(2) Services performed by a designated organization or any contract 84
or other agreement entered into pursuant to this section shall not be 85
used to satisfy any obligations or responsibilities of such designated 86
organization pursuant to any other program or any other agreement or 87
contract. 88
(e) Not later than October 1, 2022, and annually thereafter, each 89
designated organization shall report to the Judicial Department the 90
following information: (1) The number of covered individuals provided 91
counsel pursuant to this section; (2) the household makeup of such 92
covered individuals, including, but not limited to, age, race, gender, 93
number of household members, income, estimated length of tenancy, 94
type of lease and receipt of public assistance at the time of service; (3) 95
the reason for the covered proceeding; (4) the extent of legal 96
representation provided; (5) case dispositions; (6) instances where the 97
attorney was discharged or withdrew; and (7) instances of serial filings 98
on the same covered individual or household at the same property. 99
(f) Not later than January 1, 2023, and annually thereafter, the Judicial 100
Department shall submit a report, in accordance with the provisions of 101
section 11-4a of the general statutes, to the joint standing committee of 102
the General Assembly having cognizance of matters relating to housing. 103
Such report shall include the following information: (1) The number of 104
covered individuals provided counsel pursuant to this section; (2) the 105
extent of legal representation provided; (3) metrics on evaluating 106
outcomes; and (4) the engagement and education of tenants. 107
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section Raised Bill No. 6531
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Statement of Purpose:
To establish a right to counsel in eviction proceedings.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]