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OLR Bill Analysis
sHB 6531 (File 685, as amended by House "A" and Senate "A")*
AN ACT CONCERNING THE RIGHT TO COUNSEL IN EVICTION
PROCEEDINGS, THE VALIDITY OF INLAND WETLANDS PERMITS
IN RELATION TO CERTAIN OTHER LAND USE APPROVALS, AND
EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE
PERMITS.
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 statewide “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 fund the provision of legal representation under the program by
designated organizations (i.e., nonprofit legal services organizations).
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 2021HB-06531-R02-BA.docx
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under the program, the extent of the representation, case outcomes,
and tenant engagement and education.
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 October 1, 2021, to inform individuals of their rights
under the program and (2) make the notice available publicly and on
its website by that date.
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, and subdivision plans) (§ 2). The
bill also gives developers more time to complete certain ongoing
projects without seeking reapproval from local land use boards,
commissions, or agencies. It applies only to approvals and permits that
were (1) granted on or after July 1, 2011, but before the bill’s passage
and (2) unexpired on March 10, 2020 (§§ 501-507).
*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 2021HB-06531-R02-BA.docx
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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
federal funds it receives under the bill to appoint additional housing
mediators; (9) adds the provisions concerning local land use approvals;
and (10) makes other minor changes.
*Senate Amendment “A” (1) eliminates the provisions added by
House Amendment “A” about extended land use approval deadlines
for projects approved before July 1, 2011, and adds the provisions
about projects approved on or after that date and (2) makes the
following changes to the right to counsel program: (a) extends, from
July 1, 2021, to October 1, 2021, the date by which the judicial branch
must make the plain-language notice available publicly and on its
website and when landlords and other entities must start distributing
it; (b) requires the judicial branch to hire additional housing mediators
to facilitate summary process actions if the branch receives funding
under the bill for that purpose; and (c) makes other minor changes.
EFFECTIVE DATE: July 1, 2021, except the concurrent wetlands
permit provision (§ 2) is applicable to permits issued on or after July 1,
2021, and the extended land use approval provisions are effective
upon passage (§§ 501-507).
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 2021HB-06531-R02-BA.docx
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time of the request for representation or
2. receives one of the following types of public assistance:
Temporary Assistance for Needy Families, Supplemental
Nutrition Assistance Program benefits, Medicaid, Supplemental
Security Income, refugee resettlement benefits, state rental
assistance, or federal Housing Choice Voucher Program
assistance.
Designated Organization’s Minimum Standards
The administering entity, within available funding, must fund the
provision of legal representation under the program by designated
organizations. Under the bill “legal representation” means (1)
representation in a covered matter provided by a designated
organization to a covered individual and (2) all legal advice, advocacy,
and assistance associated with the representation, subject to and in
accordance with the Rules of Professional Conduct.
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 2021HB-06531-R02-BA.docx
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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
5. a judicial branch representative.
All initial appointments must be made by July 31, 2021. 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: 2021HB-06531-R02-BA.docx
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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
fund program administration, the provision of legal representation,
and tenant outreach and education.
Under the bill, the judicial branch must appoint additional housing
mediators to facilitate the resolution of summary process actions, if the
branch receives state or federal funds under the bill for that purpose.
Under existing law, Superior Court judges or a committee they
authorize may appoint housing mediators as they deem necessary,
within available appropriations (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 (1) include a phone number
for information and applying for assistance and (2) by October 1, 2021,
be on the judicial branch’s website and publicly available.
Starting October 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. 2021HB-06531-R02-BA.docx
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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 (§ 2)
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.
SPECIAL PERMIT OR EX CEPTION PROJECT COMP LETION
DEADLINES (§§ 505-507)
The bill establishes a minimum validity period for special permit or
exception approvals (1) granted on or after July 1, 2011, but before the
bill’s passage; (2) that were unexpired on March 10, 2020; and (3) that
specified a deadline by which all work in connection with the approval
must be completed. Under the bill, these approvals are valid for a
minimum of 19 years after the approval is granted. Existing statutes do
not impose any minimum validity periods for these approvals (see
BACKGROUND) .
The bill specifies that (1) the applicable land use board, commission,
or agency may extend these approvals beyond 19 years and (2) this
minimum 19-year validity period applies to special permits or
exceptions approved by a municipality exercising land use powers
under the statutes or a special act.
OTHER PROJECT COMPLETION D EADLINES
Municipalities Exercising Authority Under the Statutes (§§ 501-
504)
When a planning or zoning commission, combined planning and
zoning commission, or an inland wetlands agency operating under the 2021HB-06531-R02-BA.docx
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statutes approves a project, it must set an expiration date that falls
within the timeframes the law specifies. Consequently, a developer
must complete the project before that date or resubmit it to the local
commission or agency for approval. Generally, under current law, the
maximum timeframe (including any extensions granted) is 10 years
from the date of approval. The bill extends these timeframes for
approvals (1) granted on or after July 1, 2011, but before the bill’s
passage, and (2) that were unexpired on March 10, 2020. Under the bill,
except for large residential subdivisions, the initial deadline must be at
least 14 years after approval, and the extended deadline cannot be
more than 19 years after approval. Large residential subdivision
approvals are valid for 19 years.
Table 1, below, shows the current and extended deadlines that
apply to subdivision, wetlands, and site plans approvals granted by
municipalities operating under the statutes.
Table 1: Statutory Deadlines and Extensions Under Current Law and the Bill
Land Use Approval
(CGS §)
Current Law Bill
Residential site plans for projects
with 400 or more units
(§ 8-3(j))
Deadline: 10 years after approval No change
No extensions
Business site plans for projects
with at least 400,000 square feet
(§ 8-3(j))
Deadline: 5-10 years after approval
(set locally)
No change
Extension: up to 10 years from
approval
Other site plans
(§ 8-3(i))
Deadline: 5 years after approval At least 14
years after
approval
Extension: up to 10 years from
approval
Up to 19 years
from approval
Subdivisions plans for 400 or
more dwelling units
(§ 8-26g)
Deadline: 10 years after approval 19 years after
approval
No extensions No change 2021HB-06531-R02-BA.docx
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Other subdivisions
(§ 8-26c(a)&(b))
Deadline: 5 years after approval At least 14
years after
approval
Extension: up to 10 years from
approval
Up to 19 years
from approval
Wetlands permits associated
with another approval (e.g., site
plans and subdivisions)
(§ 22a-42a(d)(2))
Deadline: 10 years after approval or
the date the associated land use
approval expires (whichever is
earlier)
At least 14
years from
approval
Extension: up to 10 years from
approval
Up to 19 years
from approval
Other wetlands
(§ 22a-42a(d)(2))
Deadline: 2-5 years after approval
(set locally)
At least 14
years after
approval
Extension: up to 10 years from
approval
Up to 19 years
from approval
Municipalities Exercising Authority Under a Special Act (§ 507)
The bill sets a minimum approval duration of 14 years for site plan
and subdivision approvals and other permits (except special permits
or exceptions, see above) granted by a zoning commission, planning
commission, combined planning and zoning commission, zoning
board of appeals, or inland wetlands agency exercising land use
powers under a special act. The bill applies only to approvals (1)
granted on or after July 1, 2011, but before the bill’s passage, and (2)
that were unexpired on March 10, 2020.
The bill specifies that local boards or agencies may approve
extensions, but caps the total duration of an approval, including
extensions, at 19 years (except special permits or exceptions, see
above). The 14- and 19-year timeframes are calculated based on the
initial approval date and apply regardless of conflicting special acts or
approval conditions.
BACKGROUND
Related Executive Order
Under EO 7JJ, the expiration date of various land use approvals is
tolled during the declared emergencies (§ 3, issued on May 6, 2020,
and subsequently extended through June 30, 2021). The tolling 2021HB-06531-R02-BA.docx
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provision applies only if the approval-holder was not in violation of
the approval’s conditions on March 10, 2020, and did not violate them
during the declared emergencies. (A waiver of this requirement is
available.)
Related Bills
SB 970 (File 685), as amended by Senate Amendment “A,” contains
identical provisions that give developers more time to complete an
ongoing project that was approved on or after July 1, 2011, but before
the bill’s passage.
sSB 6541 (File 304), favorably reported by the Planning and
Development Committee, is identical to the provision about the
effective date of inland wetlands permits.
Special Permits and Exceptions and Related Caselaw
“Special permit” and “special exception” are synonymous. The
designated local land use agency may grant special permits or
exceptions pursuant to the Zoning Enabling Act (CGS § 8-2) or a
special act, as applicable. Special permits and exceptions allow one to
use a property in a manner explicitly permitted by the zoning
regulations but subject to conditions not applicable to other uses in the
same district. The rationale for special permits and exceptions is that
while certain land uses may be generally compatible with the uses
permitted as of right in a particular zoning district, their nature is such
that their precise location and mode of operation must be individually
regulated.
In February 2021, the Connecticut Appellate Court issued a decision
applicable to municipalities that exercise zoning powers under the
statutes. It held that the law authorizes these municipalities to impose
temporal conditions on special permits or exceptions, such as a
condition requiring development to be completed by a specific date
(International Investors v. Fairfield Planning & Zoning Commission, 202
Conn. App. 582, cert. granted, 336 Conn. 928 (March 30, 2021)).
COMMITTEE ACTION 2021HB-06531-R02-BA.docx
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Housing Committee
Joint Favorable Substitute
Yea 10 Nay 5 (03/11/2021)