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General Assembly Committee Bill No. 355
January Session, 2021
LCO No. 2724
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING A LANDLORD'S ABILITY TO CONSIDER THE
CRIMINAL RECORD OF PROSPECTIVE TENANTS.
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
"landlord" and "tenant" have the same meanings as provided in section 2
47a-1 of the general statutes. Not later than January 1, 2022, the 3
Commissioner of Housing shall adopt regulations in accordance with 4
the provisions of chapter 54 of the general statutes, concerning a limited 5
time period, immediately preceding a rental application, for which a 6
landlord or agent of such landlord may consider the criminal record of 7
a prospective tenant to evaluate the rental application of such 8
prospective tenant. Such limited time period shall be not more than 9
seven years for consideration of a felony committed by a prospective 10
tenant and not more than three years for consideration of a 11
misdemeanor committed by a prospective tenant. 12
(b) Any landlord or agent of such landlord who rents to a tenant in 13
accordance with the regulations adopted under subsection (a) of this 14
section shall be immune from any civil liability for any damage or injury 15
arising from any subsequent criminal act of such tenant, unless such 16
Committee Bill No. 355
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landlord or agent of such landlord was a conspirator, accomplice or 17
otherwise complicit in such criminal act. 18
Sec. 2. Section 8-45a of the general statutes is repealed and the 19
following is substituted in lieu thereof (Effective January 1, 2022): 20
A housing authority, as defined in subsection (b) of section 8-39, in 21
determining eligibility for the rental of public housing units may 22
establish criteria and consider relevant information concerning (1) an 23
applicant's or any proposed occupant's history of criminal activity, 24
during the time period established under section 1 of this act and in 25
accordance with the regulations adopted under section 1 of this act, 26
involving: (A) Crimes of physical violence to persons or property, (B) 27
crimes involving the illegal manufacture, sale, distribution or use of, or 28
possession with intent to manufacture, sell, use or distribute, a 29
controlled substance, as defined in section 21a-240, or (C) other criminal 30
acts which would adversely affect the health, safety or welfare of other 31
tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 32
of abuse, of alcohol when the housing authority has reasonable cause to 33
believe that such applicant's or proposed occupant's abuse, or pattern of 34
abuse, of alcohol may interfere with the health, safety or right to 35
peaceful enjoyment of the premises by other residents, and (3) an 36
applicant or any proposed occupant who is subject to a lifetime 37
registration requirement under section 54-252 on account of being 38
convicted or found not guilty by reason of mental disease or defect of a 39
sexually violent offense. In evaluating any such information, the 40
housing authority shall give consideration to the time, nature and extent 41
of the applicant's or proposed occupant's conduct and to factors which 42
might indicate a reasonable probability of favorable future conduct such 43
as evidence of rehabilitation and evidence of the willingness of the 44
applicant, the applicant's family or the proposed occupant to participate 45
in social service or other appropriate counseling programs and the 46
availability of such programs. 47
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Sec. 2 January 1, 2022 8-45a
Statement of Purpose:
To require the Commissioner of Housing to adopt regulations
concerning a limited time period for which a landlord may consider the
criminal record of a prospective tenant.
[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.]
Co-Sponsors: SEN. LOONEY, 11th Dist.
S.B. 355