Connecticut 2021 Regular Session

Connecticut Senate Bill SB00355 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		General Assembly Committee Bill No. 355
8	8		January Session, 2021
9	9		LCO No. 2724
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12	12		Referred to Committee on HOUSING
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14	14
15	15		Introduced by:
16	16		(HSG)
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20	20		AN ACT CONCERNING A LANDLORD'S ABILITY TO CONSIDER THE
21	21		CRIMINAL RECORD OF PROSPECTIVE TENANTS.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section, 1
26	26		"landlord" and "tenant" have the same meanings as provided in section 2
27	27		47a-1 of the general statutes. Not later than January 1, 2022, the 3
28	28		Commissioner of Housing shall adopt regulations in accordance with 4
29	29		the provisions of chapter 54 of the general statutes, concerning a limited 5
30	30		time period, immediately preceding a rental application, for which a 6
31	31		landlord or agent of such landlord may consider the criminal record of 7
32	32		a prospective tenant to evaluate the rental application of such 8
33	33		prospective tenant. Such limited time period shall be not more than 9
34	34		seven years for consideration of a felony committed by a prospective 10
35	35		tenant and not more than three years for consideration of a 11
36	36		misdemeanor committed by a prospective tenant. 12
37	37		(b) Any landlord or agent of such landlord who rents to a tenant in 13
38	38		accordance with the regulations adopted under subsection (a) of this 14
39		-	section shall be immune from any civil liability for any damage or injury 15 Committee Bill No. 355
	39	+	section shall be immune from any civil liability for any damage or injury 15
	40	+	arising from any subsequent criminal act of such tenant, unless such 16
	41	+	Committee Bill No. 355
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46		-	arising from any subsequent criminal act of such tenant, unless such 16
47	46		landlord or agent of such landlord was a conspirator, accomplice or 17
48	47		otherwise complicit in such criminal act. 18
49	48		Sec. 2. Section 8-45a of the general statutes is repealed and the 19
50	49		following is substituted in lieu thereof (Effective January 1, 2022): 20
51	50		A housing authority, as defined in subsection (b) of section 8-39, in 21
52	51		determining eligibility for the rental of public housing units may 22
53	52		establish criteria and consider relevant information concerning (1) an 23
54	53		applicant's or any proposed occupant's history of criminal activity, 24
55	54		during the time period established under section 1 of this act and in 25
56	55		accordance with the regulations adopted under section 1 of this act, 26
57	56		involving: (A) Crimes of physical violence to persons or property, (B) 27
58	57		crimes involving the illegal manufacture, sale, distribution or use of, or 28
59	58		possession with intent to manufacture, sell, use or distribute, a 29
60	59		controlled substance, as defined in section 21a-240, or (C) other criminal 30
61	60		acts which would adversely affect the health, safety or welfare of other 31
62	61		tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 32
63	62		of abuse, of alcohol when the housing authority has reasonable cause to 33
64	63		believe that such applicant's or proposed occupant's abuse, or pattern of 34
65	64		abuse, of alcohol may interfere with the health, safety or right to 35
66	65		peaceful enjoyment of the premises by other residents, and (3) an 36
67	66		applicant or any proposed occupant who is subject to a lifetime 37
68	67		registration requirement under section 54-252 on account of being 38
69	68		convicted or found not guilty by reason of mental disease or defect of a 39
70	69		sexually violent offense. In evaluating any such information, the 40
71	70		housing authority shall give consideration to the time, nature and extent 41
72	71		of the applicant's or proposed occupant's conduct and to factors which 42
73	72		might indicate a reasonable probability of favorable future conduct such 43
74	73		as evidence of rehabilitation and evidence of the willingness of the 44
75	74		applicant, the applicant's family or the proposed occupant to participate 45
76	75		in social service or other appropriate counseling programs and the 46
77		-	availability of such programs. 47 Committee Bill No. 355
	76	+	availability of such programs. 47
	77	+	Committee Bill No. 355
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84	82		This act shall take effect as follows and shall amend the following
85	83		sections:
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87	85		Section 1 October 1, 2021 New section
88	86		Sec. 2 January 1, 2022 8-45a
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90		-	HSG Joint Favorable
	88	+	Statement of Purpose:
	89	+	To require the Commissioner of Housing to adopt regulations
	90	+	concerning a limited time period for which a landlord may consider the
	91	+	criminal record of a prospective tenant.
	92	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	93	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	94	+	underlined.]
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	96	+	Co-Sponsors: SEN. LOONEY, 11th Dist.
	97	+
	98	+	S.B. 355
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91	100