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OLR Bill Analysis
sHB 6531 (as amended by House "A")*
AN ACT CONCERNING THE RIGHT TO COUNSEL IN EVICTION
PROCEEDINGS.
SUMMARY
This bill makes unrelated changes regarding (1) certain individuals’
right to counsel in eviction proceedings and (2) local land use
approvals.
The bill establishes a state-wide “right to counsel program” to
provide free legal representation to income-eligible tenants, lessees, or
occupants of any residential building or land (i.e., “covered
individuals”) in a covered matter initiated on or after July 1, 2021.
Under the bill, a “covered matter” is an eviction proceeding or
administrative proceeding necessary to preserve a state or federal
housing subsidy or prevent a proposed lease termination.
It requires the Judicial Branch to use available federal funds to
either contract with, or enter a memorandum of agreement with, an
entity to administer the program (i.e., “administering entity”). It also
establishes an 11-member working group to advise on matters and
policies affecting the right to counsel program.
The bill requires the administering entity, within available funding,
to contract with designated organizations (i.e., not-for-profit legal
services organizations) to provide legal representation under the
program. Additionally, it requires the administering entity to (1)
determine, in consultation with the working group and designated
organizations, how to phase in the program based on certain relevant
factors and (2) starting by January 1, 2023, annually report to the
Housing Committee and Judicial Department on the number of
individuals represented under the program, the extent of the
representation, case outcomes, and tenant engagement and education. 2021HB-06531-R01-BA.DOCX
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It also requires the Judicial Branch to (1) in consultation with the
administering entity, working group, and designated organizations,
approve a one-page plain-language notice for landlords and certain
others, starting July 1, 2021, to inform individuals of their rights under
the program and (2) make the notice available publicly and on its
website.
The bill also specifies that it does not establish any right enforceable
by a covered individual against a designated organization or the
administering entity.
Regarding local land use approvals, the bill generally delays the
effective date of municipal inland wetlands permits to coincide with
the effective period of related local land use approvals (e.g., special
permits, zoning variances, site plans, subdivision plans) (§ 501). The
bill also extends the initial and extended deadlines for completing
projects approved before July 1, 2011, that require certain subdivision,
wetlands, or site plan approval. However, these extensions do not
appear to have any legal effect, as they conflict with the provisions’
effective date. The effective date specifies that the extensions apply
only to permits issued on or after July 1, 2021 (§§ 502-505).
*House Amendment “A” (1) changes the effective date of the right
to counsel program to July 1, 2021, and specifies that the program
applies to covered matters initiated on or after that date; (2) requires
the judicial branch to procure the program’s administering entity,
instead of requiring that a private organization be the entity; (3)
replaces the 15-member advisory council in the underlying bill with an
11-member working group to advise on the program; (4) eliminates a
provision that makes people eligible for the program if they are unable
to timely secure legal representation due to certain factors; (5) requires
the judicial branch, instead of the administering entity, to develop the
plain language notice; (6) eliminates the requirement for designated
organizations to incorporate certain paralegals, legal interns, or law
students to provide services; (7) eliminates the administering entity’s
express authorization to use the funds it receives to pay the cost of
attorney training; (8) allows the judicial branch to use the state and 2021HB-06531-R01-BA.DOCX
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federal funds it receives under the bill to appoint additional housing
mediators; (9) adds the provisions concerning local land use approvals
(§§ 501-505); and (10) makes other minor changes.
EFFECTIVE DATE: July 1, 2021, and the land use approval
provisions are applicable to permits issued on or after July 1, 2021.
RIGHT TO COUNSEL PRO GRAM
Program Eligibility
Under the bill, the right to counsel program is available to income-
eligible residential tenants, lessees, or occupants who are parties in an
eviction or certain administrative proceedings as described above. The
bill specifies that it applies to any residential land or building,
apartment, or dwelling unit, including trailers or mobile manufactured
homes and associated lots.
Under the bill, an individual is “income-eligible” if he or she:
1. has household income at or below 80% of the state median
income adjusted for family size, as determined by the U.S.
Department of Housing and Urban Development (HUD), at the
time of the request for representation; or
2. receives one of the following types of public assistance: (a)
Temporary Assistance for Needy Families, (b) Supplemental
Nutrition Assistance Program benefits, (c) Medicaid, (d)
Supplemental Security Income, (e) refugee resettlement benefits,
(f) state rental assistance, or (g) federal Housing Choice Voucher
Program assistance.
Designated Organization’s Minimum Standards
The administering entity, within available funding, must contract
with designated organizations to provide legal representation under
the program. Under the bill “legal representation” in the program
means representation in a covered matter provided by a designated
organization to a covered individual, and all legal advice, advocacy,
and assistance associated with the representation, subject to and in
accordance with the Rules of Professional Conduct. 2021HB-06531-R01-BA.DOCX
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A designated organization is a nonprofit legal services organization
that must:
1. have substantial expertise in (a) housing and landlord tenant
law and (b) furnishing free legal assistance to eligible
individuals;
2. have a demonstrated history of serving the low-income
community;
3. identify the geographic area in which the organization provides
legal representation;
4. have a plan to reach and provide legal representation to
income-eligible individuals with limited English proficiency;
and
5. provide appropriate supervision and training.
A designated organization may subcontract with a nonprofit or
community organization to provide legal representation and tenant
outreach and education under the program.
Working Group
The bill establishes an 11-member working group to advise on
matters and policies affecting the right to counsel program, to
effectuate the right to counsel.
Members and Appointments. The working group consists of the
following members:
1. two each appointed by the Senate President and the House
Speaker;
2. one each appointed by the Senate and House majority and
minority leaders;
3. the Housing commissioner, or her designee;
4. a representative of the administering entity; and 2021HB-06531-R01-BA.DOCX
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5. a Judicial Branch representative.
All initial appointments must be made within 30 days after the
bill’s effective date. Members serve a four-year term and may be
reappointed or continue to serve until a successor is appointed.
Appointing authorities fill vacancies.
Meetings and Staff. The Housing commissioner, or her designee,
must serve as the working group’s chairperson and schedule the first
meeting, which must be held within 60 days after the bill’s effective
date. The chairperson must convene the working group on a regular
basis, but not less than three times per year.
The Department of Housing must provide administrative support to
the working group.
Relevant Factors to Phase in the Program
The bill requires the administering entity, in consultation with the
working group and designated organizations, to determine how to
phase in the program based on all relevant factors, including the:
1. prioritization of certain groups of individuals by income, zip
codes, census tracts, or other priority criteria they develop;
2. availability of program funding;
3. number of available trained legal services attorneys; and
4. scope of the need for legal representation.
Funding
The bill allows the administering entity to receive funds or services
from the government, corporations, associations, or individuals to pay
the cost of: (1) administering the program and (2) providing legal
representation and tenant outreach and education.
The bill also allows the judicial branch to receive state or federal
funds to appoint additional housing mediators to resolve summary
process actions. Under existing law, within available appropriations, 2021HB-06531-R01-BA.DOCX
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Superior Court judges or a committee they authorize, may appoint
housing mediators as they deem necessary (CGS § 47a-69).
PLAIN-LANGUAGE NOTICE OF T ENANTS’ RIGHTS
The bill requires the judicial branch, in consultation with the
administering entity, working group, and designated organizations, to
approve a one-page plain-language notice to inform tenants of their
rights under the program. The notice must be on the judicial branch’s
website, publicly available, and include a phone number for
information and applying for assistance.
Starting July 1, 2021, the bill requires an owner, lessor, or landlord;
their agent or legal representative; a housing authority; or a housing
subsidy program administrator, as applicable, to attach a copy of the
plain-language notice to a (1) notice to quit delivered to a covered
individual pursuant to an eviction proceeding, (2) summons and
complaint for a summary process eviction action, (3) lease termination
notice for a public or subsidized housing unit, and (4) notice to
terminate a state or federal housing subsidy.
Under the bill, the court must include similar plain language
information in any notice scheduling a mediation or hearing that is
sent to a self-represented party in an eviction proceeding.
EFFECTIVE DATE OF INLAND WETLANDS PERMIT S (§ 501)
The bill delays the effective date of municipal inland wetlands
permits to coincide with the effective period of related local land use
approvals. Under the bill, if the inland wetlands permit is just one of
the local land use approvals required to develop a property, the
wetlands permit does not take effect until the other local approvals are
effective.
Inland wetlands permits are generally valid for the same length of
time as the other land use approvals issued for the development, up to
a maximum of 10 years.
LAND USE APPROVAL EX TENSIONS (§§ 502-505)
The bill extends the initial and extended deadlines for completing 2021HB-06531-R01-BA.DOCX
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projects approved before July 1, 2011, that require certain subdivision,
wetlands, or site plan approvals. These provisions concern land use
approvals issued before July 1, 2011, that were unexpired on May 9,
2011. However, the provisions take effect on July 1, 2021, and apply
only to permits (presumably approvals) issued on or after that date.
Consequently, these provisions appear to have no legal effect.
Executive Order (EO) 7JJ, § 3, issued on May 6, 2020, and
subsequently extended, generally tolls the expiration dates for various
land use approvals that were valid on March 10, 2020 (including site
plan, wetlands, and subdivision approvals), thus pausing these
approvals so they will not expire during the declared emergencies.
Project Completion Deadlines
The bill extends, from 14 to 19 years, the duration of subdivision
approvals for projects with at least 400 dwelling units, if the initial
approval was granted before July 1, 2011, and was not expired on May
9, 2011 (§ 504).
The bill also extends by five years the minimum initial approval
period for the following approvals granted before July 1, 2011, that
were unexpired on May 9, 2011:
1. site plan approvals (except for projects containing at least 400
dwelling units or having an area of 400,000 square feet or more)
(§ 502);
2. subdivision approvals for projects with fewer than 400 dwelling
units (§ 503); and
3. wetlands permits (§ 505).
Under the bill, these initial approvals must be valid for at least 14
years, rather than at least 9 years, as under current law. The bill
correspondingly extends the extended deadlines for these approvals
from 14 to 19 years.
BACKGROUND 2021HB-06531-R01-BA.DOCX
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Related Bills
SB 970 (File 321), favorably reported by the Planning and
Development Committee, gives developers more time to complete an
ongoing project that was approved on or after July 1, 2011, but before
the bill’s passage by extending the initial and extended deadlines for
completing projects that require certain subdivision, wetlands, or site
plan approval.
sSB 6541 (File 304), favorably reported by the Planning and
Development Committee, is identical to the provision concerning the
effective date of inland wetlands permits (§ 501).
COMMITTEE ACTION
Housing Committee
Joint Favorable Substitute
Yea 10 Nay 5 (03/11/2021)