O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-34—sHB 6531
Housing Committee
AN ACT CONCERNING TH E RIGHT TO COUNSEL I N EVICTION
PROCEEDINGS, THE VAL IDITY OF INLAND WETL ANDS PERMITS
IN RELATION TO CERTAIN OTHER LAND U SE APPROVALS, AND
EXTENDING THE TIME O F EXPIRATION OF CERT AIN LAND USE
PERMITS
SUMMARY: This act makes unrelated changes regarding (1) certain
individuals’ right to counsel in eviction proceedings and (2) local land use
approvals.
It 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 act, a “covered matter” is an (1) eviction proceeding
or (2) administrative proceeding necessary to preserve a state or federal housing
subsidy or prevent a proposed lease termination.
The act 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 act 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
under the program, the extent of the representation, case outcomes, and tenant
engagement and education.
It also requires the judicial branch, in consultation with the administering
entity, working group, and designated organizations, to approve a one-page, plain-
language notice that landlords and certain others must use to inform individuals of
their rights under the program starting October 1, 2021.
The act 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 act 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 act also gives developers more time to complete
certain ongoing projects without seeking reapproval from local land use boards, O L R P U B L I C A C T S U M M A R Y
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commissions, or agencies. It applies only to approvals and permits that were (1)
granted on or after July 1, 2011, but before the act’s passage (June 10, 2021), and
(2) unexpired on March 10, 2020 (§§ 2-9).
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 (§§ 3-9).
§ 1 — RIGHT TO COUNSEL PROGRAM
Program Eligibility
Under the act, 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 act 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 act, an individual is
“income-eligible” if he or she:
1. has a 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: 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 act
“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 has
(1) substantial expertise in (a) housing and landlord tenant law and (b) furnishing
free legal assistance to eligible individuals and (2) a demonstrated history of
serving the low-income community. In addition, it must:
1. identify the geographic area in which it provides legal representation,
2. have a plan to reach and provide legal representation to income-eligible
individuals with limited English proficiency, and
3. 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. O L R P U B L I C A C T S U M M A R Y
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Working Group
The act 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 Department of Housing (DOH) 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 DOH commissioner, or her designee, must serve as
the working group’s chairperson and schedule the first meeting, which must be
held by August 30, 2021. The chairperson must convene the working group on a
regular basis but not less than three times per year. The act requires DOH to
provide administrative support to the working group.
Relevant Factors to Phase in the Program
The act 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 act 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 act, 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 act 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 tenants’ rights
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The act 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) be available publicly and on the judicial branch’s website by October 1, 2021.
Starting October 1, 2021, the act 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 for 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 act, 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.
§ 2 — EFFECTIVE DATE OF INLAND WETLANDS PERMIT S
The act delays the effective date of municipal inland wetlands permits to
coincide with the effective period of related local land use approvals. Under the
act, 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.
By law, 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.
§§ 7-9 — SPECIAL PERMIT OR EX CEPTION PROJECT COMP LETION
DEADLINES
The act establishes a minimum validity period for special permit or exception
approvals (1) granted on or after July 1, 2011, but before June 10, 2021; (2) that
were unexpired on March 10, 2020; and (3) that specified a deadline by which all
work connected to the approval must be completed. Under the act, these approvals
are valid for a minimum of 19 years after the approval is granted. Prior law did
not impose any minimum validity periods for these approvals (see
BACKGROUND).
The act 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.
§§ 3-9 — OTHER PROJECT COMPLETION DEADLINES
Municipalities Exercising Authority Under the Statutes (§§ 3-8)
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By law, when a planning or zoning commission, combined planning and
zoning commission, or an inland wetlands agency operating under the 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, the
maximum timeframe (including any extensions granted) is 10 years from the date
of approval. The act extends these timeframes for approvals that were (1) granted
on or after July 1, 2011, but before June 10, 2021, and (2) unexpired on March 10,
2020. Under the act, 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.
The table below shows the prior and extended deadlines that apply to
subdivision, wetlands, and site plans approvals granted within the above
timeframe by municipalities operating under the statutes.
Statutory Deadlines and Extensions Under Prior Law and the Act
Land Use Approval
(CGS §)
Prior Law Act
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
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 after
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 O L R P U B L I C A C T S U M M A R Y
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Land Use Approval
(CGS §)
Prior Law Act
Extension: up to 10 years from approval Up to 19 years
from approval
Municipalities Exercising Authority Under a Special Act (§ 9)
The act 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 act applies only to
approvals that were (1) granted on or after July 1, 2011, but before the act’s
passage (June 10, 2021), and (2) unexpired on March 10, 2020.
The act 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 Act
PA 21-163 gives developers more time to complete an ongoing project that
was approved before July 1, 2011.
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)).