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OLR Bill Analysis
SB 194
AN ACT ESTABLISHING A RIGHT TO HOUSING.
SUMMARY
This bill makes it a state goal to progressively implement policies
that respect, protect, and fulfill a right to affordable, decent, safe, and
stable housing for every state resident (i.e., a “right to housing”). The
bill establishes right to housing components, identifies certain
vulnerable populations, and generally requires state agencies and
political subdivisions to consider them when taking various affordable
housing-related actions.
The bill also establishes a right to housing committee to review
housing policies and the state's implementation of the right to housing.
The committee must annually report on its findings and
recommendations to the Housing Committee beginning July 1, 2022.
Finally, the bill requires the Department of Housing (DOH)
commissioner, within available appropriations, to appoint an
employee to serve in the department as housing advocate. Among
other things, the advocate must assist recipients of DOH services with
complaints or grievances related to the right to housing. The
commissioner must annually report to the Housing Committee
beginning July 1, 2022, generally on the advocate position’s efficacy.
EFFECTIVE DATE: October 1, 2021, except the establishment of the
right to housing committee is effective upon passage.
RIGHT TO HOUSING AS A STATE GOAL
The bill makes it a state goal to progressively implement policies
that respect, protect, and fulfill a right to affordable, decent, safe, and
stable housing for every state resident. Toward that end, the bill
requires each state agency and political subdivision, in implementing 2021SB-00194-R000139-BA.DOCX
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the right to housing goal, to do the following:
1. consider the right to housing and its components (see below)
when adopting or revising policies, regulations, or grant criteria
that implicate, impact, or affect the right;
2. when implementing right to housing policies, regulations, or
grant criteria, give priority to assisting households with incomes
below 50% of the area median income for the municipality
where the housing is located, as determined by the U.S.
Department of Housing and Urban Development; and
3. to the extent practicable, attempt to serve households currently
experiencing homelessness or at risk of housing loss and those
in the lower range of the income group to which the agency's or
political subdivision's programs are directed.
Right to Housing Components
The right to housing includes various components, five of which the
bill outlines. Each component implicates certain programs or services,
as shown in Table 1 below. (It is unclear what is meant by
"implicates.")
Table 1: Right to Housing Components
Component Programs or Services Implicated
Right to protection from
housing loss
Governmental programs that ensure the legal
security of people and households at risk of losing
housing or experiencing homelessness, including
eviction prevention programs; legal assistance in
evictions; financial assistance; support services; and
problem-solving counseling
Right to safe housing that
meets all basic needs
The home's internal habitability, as well as the
necessary services and infrastructure to support a
healthy and dignified living standard
Right to housing and Governmental programs that provide rental
assistance; encourage existing housing's 2021SB-00194-R000139-BA.DOCX
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affordability maintenance, repair, and rehabilitation; and increase
new low-cost housing stock, all of which ensure the
ability to secure and maintain housing without risking
access to other essential needs
Right to rehousing
assistance for people and
households that have
become homeless
Governmental programs that support the transition of
people experiencing homelessness to long-term
permanent, affordable housing
Right to recognition of
special circumstances
Adaptation of governmental programs to ensure
accessibility to households facing particular
obstacles to finding affordable, decent, safe, and
stable housing, whether because of race, religion,
sexual orientation, gender identity, age, disability,
unemployment, criminal record, eviction history,
family status, income source, immigration status,
cultural traditions, being a victim of fraud or financial
manipulation, or other obstacles
RIGHT TO HOUSING COM MITTEE
The bill establishes a 17-member right to housing committee. The
committee’s purpose is to (1) review existing and proposed housing
policies and (2) advise on the state's progressive implementation of a
right to housing, as well as on vulnerable populations’ need for access
to permanent housing and any gaps in this access.
Under the bill, the committee must identify and review regular and
special session proposed legislation impacting the right to housing. It
may provide public hearing testimony analyzing legislation’s potential
impact on the right to housing and the vulnerable populations, in
order to preserve the right.
When advising on vulnerable populations, the committee must
cover the following:
1. individuals experiencing homelessness, including homeless
youth; 2021SB-00194-R000139-BA.DOCX
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2. individuals with disabilities, including physical disabilities and
disabilities related to mental health, substance abuse, and
developmental conditions;
3. individuals with past or current criminal justice system
involvement;
4. individuals from historically marginalized racial and ethnic
groups;
5. individuals from historically marginalized groups based on
sexual orientation, gender identity, or gender expression;
6. survivors of sexual violence, domestic violence, dating violence,
stalking, and sexual trafficking;
7. refugees and immigrants; and
8. veterans.
Membership
Under the bill, the committee consists of the DOH commissioner, or
her designee, and 16 members whom the legislative leaders appoint.
The legislative appointees may be General Assembly members and
must have specified areas of expertise, as shown in Table 2.
Table 2: Right to Housing Committee: Legislative Appointees
Appointing
Authority
Number of
Appointees
Required Expertise
Senate
president pro
tempore
3 Expertise in the following:
fair housing protections (one member)
developing low-income housing (one member)
Expertise in, or personal experience with, the following:
disability and housing insecurity (one member)
House
speaker
3 Expertise in the following:
homelessness policies and programs (one
member) 2021SB-00194-R000139-BA.DOCX
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low-income housing policies and programs (one
member)
matters relating to evictions and housing court
(one member)
Senate
majority leader
3 Expertise in, or personal experience with, the impact of
the following on housing insecurity:
sexual violence, domestic violence, dating
violence, or stalking (one member)
sex trafficking (one member)
refugee or immigrant status (one member)
House
majority leader
3 Expertise in, or personal experience with, the impact of
the following on housing insecurity:
criminal justice (one member)
race or ethnicity (one member)
sexual orientation, gender identity, or gender
expression (one member)
Senate
minority leader
2 Current or recent recipients of homeless
assistance, low-income housing assistance, or
assistance in an eviction or housing summary
process matter
House
minority leader
2 One with expertise in, or personal experience with,
the impact of veteran status on housing insecurity
A current or recent recipient of homeless
assistance, low-income housing assistance, or
assistance in an eviction or housing summary
process matter
Initial Appointments and Vacancies
The legislative leaders must make the initial committee
appointments no later than 60 days after the bill’s passage. Appointed
committee members serve three-year terms or until a successor is
appointed; appointing authorities fill vacancies.
Chairperson, Meetings, and Reporting Requirement 2021SB-00194-R000139-BA.DOCX
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The bill requires the Senate president and the House speaker to
jointly appoint the chairperson. Once they have done so, the
committee may begin working even if the other positions have not
been filled. The chairperson must schedule the committee’s first
meeting no later than 90 days after the bill’s passage. If positions
remain unfilled after 60 days, the chairperson may designate people
with the required expertise to serve until the appointments are made.
The bill requires the committee to meet at least twice each fiscal
year. At the committee’s request, DOH must provide presentations
and data on its right to housing implementation. The committee must
report annually on its findings and recommendations to the Housing
Committee beginning July 1, 2022. The Housing Committee’s
administrative staff serves as the right to housing committee's
administrative staff.
HOUSING ADVOCATE
The bill requires the DOH commissioner, within available
appropriations, to appoint an employee to serve in the department as
housing advocate. The advocate must provide timely assistance to
recipients of DOH services with complaints or grievances related to
the right to housing. (The bill does not appear to establish any
procedures or remedies for these complaints or grievances.)
In consultation with the commissioner, the housing advocate must
do the following:
1. receive, review, record, and attempt to resolve any complaints
and grievances about the right to housing;
2. compile and analyze data on these complaints and grievances;
3. assist residents in understanding their rights under the right to
housing established by the bill (the bill does not appear to
establish any such enforceable rights);
4. provide information to the public, agencies, legislators, and
others about residents’ problems and concerns with respect to 2021SB-00194-R000139-BA.DOCX
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the right to housing;
5. analyze and monitor the development and implementation of
federal, state, and local laws, regulations, and policies relating to
tenants' rights; affordable housing; homelessness prevention; the
impact of criminal justice and summary process involvement on
housing accessibility; and other issues related to
6. the right to housing; and
7. provide data and recommendations to the right to housing
committee (see above).
The DOH commissioner must annually report to the Housing
Committee beginning July 1, 2022, on (1) the implementation of the
housing advocate's duties, (2) the position’s overall effectiveness, and
(3) any additional recommendations for DOH to implement the right
to housing.
COMMITTEE ACTION
Housing Committee
Joint Favorable
Yea 12 Nay 3 (03/09/2021)