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| 6 | 6 | | LCO No. 3674 1 of 10 |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly Raised Bill No. 944 |
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| 9 | 9 | | January Session, 2021 |
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| 10 | 10 | | LCO No. 3674 |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Referred to Committee on HOUSING |
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| 14 | 14 | | |
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| 15 | 15 | | |
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| 16 | 16 | | Introduced by: |
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| 17 | 17 | | (HSG) |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | AN ACT CONCERNING ST ORAGE OF A TENANT'S POSSESSIONS |
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| 23 | 23 | | AND USE AND OCCUPANC Y PAYMENTS. |
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| 24 | 24 | | Be it enacted by the Senate and House of Representatives in General |
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| 25 | 25 | | Assembly convened: |
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| 26 | 26 | | |
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| 27 | 27 | | Section 1. Section 47a-11d of the general statutes is repealed and the 1 |
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| 28 | 28 | | following is substituted in lieu thereof (Effective October 1, 2021): 2 |
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| 29 | 29 | | (a) If the sole occupant of a dwelling unit subject to a monthly lease 3 |
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| 30 | 30 | | or a lease for a term has died and the landlord has complied with any 4 |
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| 31 | 31 | | provisions of any such lease permitting termination upon the death of 5 |
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| 32 | 32 | | the occupant, the landlord may elect to act in accordance with the 6 |
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| 33 | 33 | | provisions of this section. If the landlord elects to act in accordance with 7 |
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| 34 | 34 | | the provisions of this section, such landlord shall send notice to the 8 |
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| 35 | 35 | | emergency contact designated by the occupant, if any, and to the next 9 |
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| 36 | 36 | | of kin of such occupant, if known, at the last-known address both by 10 |
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| 37 | 37 | | regular mail, postage prepaid, and by certified mail, return receipt 11 |
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| 38 | 38 | | requested, stating that (1) the occupant has died, (2) the landlord intends 12 |
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| 39 | 39 | | to remove any possessions and personal effects remaining in the 13 |
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| 40 | 40 | | premises and to rerent the premises, (3) the emergency contact or next 14 |
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| 41 | 41 | | of kin should immediately contact the landlord or Probate Court for the 15 Raised Bill No. 944 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | |
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| 45 | 45 | | LCO No. 3674 2 of 10 |
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| 46 | 46 | | |
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| 47 | 47 | | district in which the dwelling unit is located for information as to how 16 |
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| 48 | 48 | | to reclaim such possessions and personal effects, and (4) if such 17 |
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| 49 | 49 | | possessions and personal effects are not reclaimed within [sixty] thirty 18 |
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| 50 | 50 | | days after the date of such notice, such possessions and personal effects 19 |
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| 51 | 51 | | will be disposed of as permitted by this section. The notice shall be in 20 |
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| 52 | 52 | | clear and simple language and shall include a telephone number and a 21 |
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| 53 | 53 | | mailing address at which the landlord can be contacted and the 22 |
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| 54 | 54 | | telephone number of such Probate Court. 23 |
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| 55 | 55 | | (b) (1) If notice is sent by the landlord as provided in subsection (a) of 24 |
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| 56 | 56 | | this section, or (2) if the occupant did not designate an emergency 25 |
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| 57 | 57 | | contact or the landlord does not know any next of kin of the occupant, 26 |
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| 58 | 58 | | the landlord shall file an affidavit with the Probate Court having 27 |
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| 59 | 59 | | jurisdiction concerning the possessions and personal effects of the 28 |
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| 60 | 60 | | deceased occupant. Such affidavit shall include the name and address 29 |
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| 61 | 61 | | of the deceased occupant, the date of death, the terms of the lease, and 30 |
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| 62 | 62 | | the names and addresses of the emergency contact, if any, and the next 31 |
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| 63 | 63 | | of kin, if known. 32 |
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| 64 | 64 | | (c) If the landlord acts in accordance with the provisions of this 33 |
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| 65 | 65 | | section, the landlord shall not be required to serve a notice to quit as 34 |
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| 66 | 66 | | provided in section 47a-23 and bring a summary process action as 35 |
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| 67 | 67 | | provided in section 47a-23a to obtain possession or occupancy of the 36 |
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| 68 | 68 | | dwelling unit. Nothing in this section shall relieve a landlord from 37 |
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| 69 | 69 | | complying with the provisions of sections 47a-1 to 47a-20a, inclusive, 38 |
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| 70 | 70 | | and sections 47a-23 to 47a-42, inclusive, as amended by this act, if the 39 |
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| 71 | 71 | | landlord knows, or reasonably should know, that the dwelling unit has 40 |
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| 72 | 72 | | not been abandoned. 41 |
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| 73 | 73 | | (d) On or after [thirty] fifteen days after the date of the filing of the 42 |
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| 74 | 74 | | affidavit pursuant to subsection (b) of this section, the landlord shall 43 |
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| 75 | 75 | | inventory any possessions and personal effects of the deceased occupant 44 |
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| 76 | 76 | | in the premises and shall file a copy of such inventory with the Probate 45 |
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| 77 | 77 | | Court under subsection (b) of this section. The landlord may not remove 46 |
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| 78 | 78 | | such possessions and personal effects until fifteen days after such 47 |
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| 79 | 79 | | inventory is filed. [Thereafter, the landlord may remove and securely 48 Raised Bill No. 944 |
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| 80 | 80 | | |
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| 81 | 81 | | |
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| 82 | 82 | | |
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| 83 | 83 | | LCO No. 3674 3 of 10 |
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| 84 | 84 | | |
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| 85 | 85 | | store such possessions and personal effects for an additional fifteen 49 |
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| 86 | 86 | | days.] If such possessions and personal effects are not reclaimed by the 50 |
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| 87 | 87 | | end of such [sixty-day] thirty-day period and the landlord has complied 51 |
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| 88 | 88 | | with the provisions of this section, the landlord may obtain from the 52 |
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| 89 | 89 | | Probate Court having jurisdiction a certificate indicating that the 53 |
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| 90 | 90 | | landlord has filed an inventory in the court pursuant to this subsection 54 |
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| 91 | 91 | | and that [sixty] thirty days have elapsed since the landlord filed the 55 |
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| 92 | 92 | | affidavit pursuant to subsection (b) of this section. The landlord may file 56 |
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| 93 | 93 | | such certificate and an application, in such form as the Chief Court 57 |
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| 94 | 94 | | Administrator prescribes, in the superior court having jurisdiction over 58 |
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| 95 | 95 | | the premises of the deceased occupant. There shall be no fee for such 59 |
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| 96 | 96 | | filing, and the clerk of such court shall open a summary process file 60 |
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| 97 | 97 | | setting forth that the right to occupy has terminated due to the death of 61 |
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| 98 | 98 | | the named occupant. Such certificate shall be deemed a judgment of the 62 |
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| 99 | 99 | | Superior Court pursuant to chapter 832 and have the same effect and be 63 |
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| 100 | 100 | | subject to the same procedures, defenses and proceedings for reopening, 64 |
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| 101 | 101 | | vacating or staying a judgment of the Superior Court. After the clerk 65 |
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| 102 | 102 | | opens the summary process file and sends a notice of judgment, and 66 |
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| 103 | 103 | | after the appropriate stay of execution expires, the landlord may obtain 67 |
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| 104 | 104 | | an execution and a state marshal [may remove the possessions and] 68 |
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| 105 | 105 | | shall oversee the disposal of the personal effects of such deceased 69 |
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| 106 | 106 | | occupant pursuant to such execution. [and deliver such possessions to a 70 |
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| 107 | 107 | | place of storage designated for such purposes by the chief executive 71 |
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| 108 | 108 | | officer of the municipality in which the dwelling unit is located.] 72 |
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| 109 | 109 | | (e) [Before the possessions and personal effects of a deceased 73 |
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| 110 | 110 | | occupant are removed pursuant to an execution issued under subsection 74 |
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| 111 | 111 | | (d) of this section, the state marshal charged with carrying out such 75 |
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| 112 | 112 | | removal shall give the chief executive officer of the municipality in 76 |
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| 113 | 113 | | which the dwelling unit is located (1) twenty-four-hours' written notice 77 |
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| 114 | 114 | | of the removal, stating the date, time and location of such removal as 78 |
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| 115 | 115 | | well as a general description, if known, of the types and amount of 79 |
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| 116 | 116 | | possessions and personal effects to be removed from the premises and 80 |
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| 117 | 117 | | delivered to the designated place of storage, and (2) a copy of the 81 |
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| 118 | 118 | | inventory prepared by the landlord pursuant to subsection (d) of this 82 Raised Bill No. 944 |
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| 119 | 119 | | |
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| 120 | 120 | | |
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| 121 | 121 | | |
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| 122 | 122 | | LCO No. 3674 4 of 10 |
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| 123 | 123 | | |
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| 124 | 124 | | section, annotated to indicate any items that have been reclaimed. 83 |
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| 125 | 125 | | Before giving such notice to the chief executive officer of the 84 |
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| 126 | 126 | | municipality, the] The state marshal shall use reasonable efforts to locate 85 |
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| 127 | 127 | | and notify the occupant's emergency contact, if any, and the next of kin, 86 |
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| 128 | 128 | | if known, of the date [,] and time [and location of such removal and of 87 |
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| 129 | 129 | | the possibility of a sale pursuant to this subsection] of the disposal of the 88 |
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| 130 | 130 | | deceased's possessions and personal effects. At any time prior to the 89 |
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| 131 | 131 | | actual [sale] disposal of such possessions and personal effects, an 90 |
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| 132 | 132 | | executor or administrator appointed by the Probate Court or an 91 |
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| 133 | 133 | | individual designated by such court in accordance with section 45a-273 92 |
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| 134 | 134 | | may reclaim such possessions and personal effects. [upon payment to 93 |
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| 135 | 135 | | the chief executive officer of the expense of storage. If such possessions 94 |
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| 136 | 136 | | and personal effects are not reclaimed within fifteen days after such 95 |
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| 137 | 137 | | removal and storage, the chief executive officer shall sell the same at 96 |
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| 138 | 138 | | public auction after using reasonable efforts to locate and notify the 97 |
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| 139 | 139 | | occupant's emergency contact or the next of kin, if known, of such sale 98 |
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| 140 | 140 | | and after posting notice of such sale for one week (A) on the public 99 |
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| 141 | 141 | | signpost nearest to the premises from which the possessions and 100 |
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| 142 | 142 | | personal effects were removed, or (B) at some exterior place near the 101 |
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| 143 | 143 | | office of the town clerk. The proceeds of the sale shall be applied to a 102 |
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| 144 | 144 | | reasonable charge by the municipality for the storage of such 103 |
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| 145 | 145 | | possessions and personal effects. Any remaining proceeds shall be 104 |
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| 146 | 146 | | turned over to the estate of the deceased occupant or, if no estate 105 |
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| 147 | 147 | | proceedings are commenced within thirty days after such sale, the chief 106 |
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| 148 | 148 | | executive officer shall turn over the net proceeds of the sale to the State 107 |
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| 149 | 149 | | Treasurer, who shall treat such proceeds as escheated property 108 |
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| 150 | 150 | | pursuant to part III of chapter 32.] 109 |
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| 151 | 151 | | (f) If an application for probate of a will or letters of administration is 110 |
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| 152 | 152 | | filed with the Probate Court having jurisdiction concerning the 111 |
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| 153 | 153 | | possessions and personal effects of the deceased occupant within [fifty-112 |
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| 154 | 154 | | five] thirty days of the filing of the affidavit of the landlord as provided 113 |
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| 155 | 155 | | in subsection (b) of this section, the Probate Court shall immediately 114 |
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| 156 | 156 | | notify the landlord of such filing and any action of the landlord 115 |
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| 157 | 157 | | pursuant to the provisions of this section shall cease. 116 Raised Bill No. 944 |
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| 158 | 158 | | |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | LCO No. 3674 5 of 10 |
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| 162 | 162 | | |
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| 163 | 163 | | (g) No action shall be brought under section 47a-43 against a landlord 117 |
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| 164 | 164 | | who takes action in accordance with the provisions of this section. 118 |
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| 165 | 165 | | Sec. 2. Section 47a-26b of the general statutes is repealed and the 119 |
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| 166 | 166 | | following is substituted in lieu thereof (Effective October 1, 2021): 120 |
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| 167 | 167 | | (a) If the defendant appears, the court shall, upon motion and without 121 |
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| 168 | 168 | | hearing, unless the defendant files an objection within five days of the 122 |
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| 169 | 169 | | filing of the motion, order the defendant to deposit with the court within 123 |
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| 170 | 170 | | ten days of the filing of the motion payments for use and occupancy in 124 |
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| 171 | 171 | | an amount equal to the last agreed-upon rent or, in the absence of a prior 125 |
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| 172 | 172 | | agreed-upon rent, in an amount equal to the fair rental value of the 126 |
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| 173 | 173 | | premises during the pendency of such action accruing from the date of 127 |
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| 174 | 174 | | such order, as determined by the court. If the motion is served upon the 128 |
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| 175 | 175 | | defendant with the complaint, the motion shall be deemed for purposes 129 |
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| 176 | 176 | | of this section to have been filed on the date on which the defendant 130 |
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| 177 | 177 | | appears. If all or a portion of the defendant's rent is being paid to the 131 |
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| 178 | 178 | | plaintiff by a housing authority, municipality, state agency or similar 132 |
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| 179 | 179 | | entity, [this requirement] the requirements of this subsection shall be 133 |
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| 180 | 180 | | satisfied if the defendant deposits with the court an amount equal to 134 |
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| 181 | 181 | | [his] the defendant's portion of the last agreed-upon rent. The motion 135 |
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| 182 | 182 | | for use and occupancy payments shall include a statement of the 136 |
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| 183 | 183 | | amount of the last agreed-upon rent. The motion shall be filed on a form 137 |
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| 184 | 184 | | prescribed by the Office of the Chief Court Administrator and shall 138 |
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| 185 | 185 | | contain, in clear and simple language, a notice advising the defendant 139 |
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| 186 | 186 | | that, if the defendant files an objection within five days of the date the 140 |
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| 187 | 187 | | motion was filed, the court will conduct a hearing on the motion prior 141 |
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| 188 | 188 | | to entering an order, but, if the defendant does not file an objection 142 |
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| 189 | 189 | | during such time period, the court will order use and occupancy 143 |
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| 190 | 190 | | payments without a hearing. The form shall also contain a place for the 144 |
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| 191 | 191 | | defendant to claim an objection to the motion and notice that the 145 |
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| 192 | 192 | | defendant may file an objection at any time. The filing by the plaintiff of 146 |
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| 193 | 193 | | a motion for use and occupancy payments shall not suspend the time 147 |
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| 194 | 194 | | limits for pleading under section 47a-26a. 148 |
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| 195 | 195 | | (b) Notice to the defendant of an order for use and occupancy 149 Raised Bill No. 944 |
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| 196 | 196 | | |
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| 197 | 197 | | |
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| 198 | 198 | | |
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| 199 | 199 | | LCO No. 3674 6 of 10 |
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| 200 | 200 | | |
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| 201 | 201 | | payments shall be given on a form prescribed by the Office of the Chief 150 |
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| 202 | 202 | | Court Administrator. Such form shall state in clear and simple language 151 |
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| 203 | 203 | | and in readable format (1) the amount to be paid, (2) the date by which 152 |
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| 204 | 204 | | such payment must be received by the clerk, and (3) the consequences 153 |
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| 205 | 205 | | of failure to make payment as ordered. 154 |
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| 206 | 206 | | (c) If the defendant files an objection to the motion, a hearing on the 155 |
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| 207 | 207 | | objection shall be held not more than seven days after such objection is 156 |
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| 208 | 208 | | filed, after which the court shall order the defendant to deposit with the 157 |
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| 209 | 209 | | court payments for use and occupancy in an amount equal to the fair 158 |
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| 210 | 210 | | rental value of the premises during the pendency of such action 159 |
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| 211 | 211 | | accruing from the date of such order. If all or a portion of the defendant's 160 |
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| 212 | 212 | | rent is being paid to the plaintiff by a housing authority, municipality, 161 |
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| 213 | 213 | | state agency or similar entity, [this requirement] the requirements of this 162 |
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| 214 | 214 | | subsection shall be satisfied if the defendant deposits with the court an 163 |
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| 215 | 215 | | amount equal to his portion of the fair rental value of the premises. The 164 |
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| 216 | 216 | | last agreed-upon rent shall be prima facie evidence of the fair rental 165 |
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| 217 | 217 | | value of the premises. The party claiming a different amount shall have 166 |
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| 218 | 218 | | the burden of proving that the last agreed-upon rent is not the fair rental 167 |
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| 219 | 219 | | value. Such order shall permit the payment of such amounts in monthly 168 |
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| 220 | 220 | | installments, as such amounts become due. Nothing in this subsection 169 |
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| 221 | 221 | | shall preclude either party from subsequently moving to modify the 170 |
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| 222 | 222 | | amount of the payment order for cause shown. 171 |
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| 223 | 223 | | (d) If the defendant fails to make such payments as ordered, the clerk 172 |
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| 224 | 224 | | shall, immediately and without the filing of a motion, order the 173 |
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| 225 | 225 | | defendant to file his answer and, if the defendant fails to do so within 174 |
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| 226 | 226 | | four days of the mailing of such order, judgment shall forthwith be 175 |
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| 227 | 227 | | entered for the plaintiff. If the defendant files an answer within such 176 |
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| 228 | 228 | | four-day period, the clerk shall set such matter down for hearing not 177 |
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| 229 | 229 | | less than three nor more than seven days after such answer and reply, if 178 |
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| 230 | 230 | | any, are filed. 179 |
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| 231 | 231 | | (e) During the pendency of the action, the plaintiff may seek full or 180 |
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| 232 | 232 | | partial disbursement of the payments for use and occupancy deposited 181 |
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| 233 | 233 | | with the court pursuant to this section upon a motion by the plaintiff 182 Raised Bill No. 944 |
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| 234 | 234 | | |
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| 235 | 235 | | |
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| 236 | 236 | | |
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| 237 | 237 | | LCO No. 3674 7 of 10 |
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| 238 | 238 | | |
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| 239 | 239 | | supported by a showing that he or she is in actual danger of loss of the 183 |
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| 240 | 240 | | rental premises or of suffering some other hardship resulting from the 184 |
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| 241 | 241 | | loss of rental income. Upon a finding by the court that the plaintiff has 185 |
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| 242 | 242 | | made such a showing, the court shall disburse a portion or all of such 186 |
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| 243 | 243 | | payments to the plaintiff. 187 |
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| 244 | 244 | | Sec. 3. Section 47a-42 of the general statutes is repealed and the 188 |
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| 245 | 245 | | following is substituted in lieu thereof (Effective October 1, 2021): 189 |
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| 246 | 246 | | (a) Whenever a judgment is entered against a defendant pursuant to 190 |
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| 247 | 247 | | section 47a-26, 47a-26a, 47a-26b, as amended by this act, or 47a-26d for 191 |
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| 248 | 248 | | the recovery of possession or occupancy of residential property, such 192 |
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| 249 | 249 | | defendant and any other occupant bound by the judgment by 193 |
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| 250 | 250 | | subsection (a) of section 47a-26h shall forthwith remove himself or 194 |
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| 251 | 251 | | herself, such defendant's or occupant's possessions and all personal 195 |
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| 252 | 252 | | effects unless execution has been stayed pursuant to sections 47a-35 to 196 |
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| 253 | 253 | | 47a-41, inclusive. If execution has been stayed, such defendant or 197 |
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| 254 | 254 | | occupant shall forthwith remove himself or herself, such defendant's or 198 |
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| 255 | 255 | | occupant's possessions and all personal effects upon the expiration of 199 |
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| 256 | 256 | | any stay of execution. If the defendant or occupant has not so removed 200 |
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| 257 | 257 | | himself or herself upon entry of a judgment pursuant to section 47a-26, 201 |
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| 258 | 258 | | 47a-26a, 47a-26b, as amended by this act, or 47a-26d, and upon 202 |
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| 259 | 259 | | expiration of any stay of execution, the plaintiff may obtain an execution 203 |
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| 260 | 260 | | upon such summary process judgment, and pursuant to such execution, 204 |
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| 261 | 261 | | (1) the defendant or other occupant bound by the judgment by 205 |
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| 262 | 262 | | subsection (a) of section 47a-26h [and the possessions and personal 206 |
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| 263 | 263 | | effects of such defendant or other occupant] may be removed by a state 207 |
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| 264 | 264 | | marshal, [pursuant to such execution, and delivered to the place of 208 |
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| 265 | 265 | | storage designated by the chief executive officer for such purposes] and 209 |
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| 266 | 266 | | (2) the possessions and personal effects of such defendant or other 210 |
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| 267 | 267 | | occupant may be removed by the plaintiff under the state marshal's 211 |
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| 268 | 268 | | supervision and disposed of at the plaintiff's discretion. 212 |
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| 269 | 269 | | (b) [Before any such removal, the state marshal charged with 213 |
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| 270 | 270 | | executing upon any such judgment of eviction shall give the chief 214 |
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| 271 | 271 | | executive officer of the town twenty-four hours notice of the eviction, 215 Raised Bill No. 944 |
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| 272 | 272 | | |
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| 273 | 273 | | |
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| 274 | 274 | | |
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| 275 | 275 | | LCO No. 3674 8 of 10 |
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| 276 | 276 | | |
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| 277 | 277 | | stating the date, time and location of such eviction as well as a general 216 |
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| 278 | 278 | | description, if known, of the types and amount of property to be 217 |
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| 279 | 279 | | removed from the premises and delivered to the designated place of 218 |
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| 280 | 280 | | storage. Before giving such notice to the chief executive officer of the 219 |
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| 281 | 281 | | town, the] The state marshal shall use reasonable efforts to locate and 220 |
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| 282 | 282 | | notify the defendant of the date and time such eviction is to take place 221 |
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| 283 | 283 | | and of the possibility of [a sale pursuant to subsection (c) of this section] 222 |
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| 284 | 284 | | disposal of the possessions and personal effects of the defendant. Such 223 |
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| 285 | 285 | | notice shall include service upon each defendant and upon any other 224 |
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| 286 | 286 | | person in occupancy, either personally or at the premises, of a true copy 225 |
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| 287 | 287 | | of the summary process execution. Such execution shall be on a form 226 |
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| 288 | 288 | | prescribed by the Judicial Department, shall be in clear and simple 227 |
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| 289 | 289 | | language and in readable format, and shall contain, in addition to other 228 |
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| 290 | 290 | | notices given to the defendant in the execution, a conspicuous notice, in 229 |
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| 291 | 291 | | large boldface type, that a person who claims to have a right to continue 230 |
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| 292 | 292 | | to occupy the premises should immediately contact an attorney, and 231 |
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| 293 | 293 | | clear instructions as to how and where the defendant may reclaim any 232 |
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| 294 | 294 | | possessions and personal effects [removed and stored] to be disposed of 233 |
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| 295 | 295 | | pursuant to this section, including a telephone number [that] for the 234 |
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| 296 | 296 | | state marshal who may be called to arrange for the release of such 235 |
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| 297 | 297 | | possessions and personal effects. 236 |
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| 298 | 298 | | (c) Whenever the possessions and personal effects of a defendant are 237 |
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| 299 | 299 | | removed by a [state marshal] plaintiff under this section, such 238 |
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| 300 | 300 | | possessions and effects shall be delivered by such [marshal] plaintiff to 239 |
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| 301 | 301 | | the designated place of storage. Such removal, delivery and storage 240 |
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| 302 | 302 | | shall be at the expense of the defendant. If such possessions and effects 241 |
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| 303 | 303 | | are not reclaimed by the defendant and the expense of such storage is 242 |
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| 304 | 304 | | not paid to the [chief executive officer] plaintiff within fifteen days after 243 |
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| 305 | 305 | | such eviction, the [chief executive officer] plaintiff shall sell the same at 244 |
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| 306 | 306 | | public auction, after using reasonable efforts to locate and notify the 245 |
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| 307 | 307 | | defendant of such sale and after posting notice of such sale for one week 246 |
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| 308 | 308 | | on the public signpost nearest to the place where the eviction was made, 247 |
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| 309 | 309 | | if any, or at some exterior place near the office of the town clerk. The 248 |
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| 310 | 310 | | [chief executive officer] plaintiff shall deliver to the defendant the net 249 Raised Bill No. 944 |
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| 311 | 311 | | |
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| 312 | 312 | | |
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| 313 | 313 | | |
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| 314 | 314 | | LCO No. 3674 9 of 10 |
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| 315 | 315 | | |
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| 316 | 316 | | proceeds of such sale, if any, after deducting a reasonable charge for 250 |
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| 317 | 317 | | storage of such possessions and effects. If the defendant does not 251 |
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| 318 | 318 | | demand the net proceeds within thirty days after such sale, the [chief 252 |
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| 319 | 319 | | executive officer] plaintiff shall [turn over the net proceeds of the sale to 253 |
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| 320 | 320 | | the town treasury] keep the net proceeds. In each instance where a 254 |
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| 321 | 321 | | tenant or occupant in the residential property has been removed from 255 |
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| 322 | 322 | | the dwelling unit and premises, yet personal property remains, the 256 |
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| 323 | 323 | | plaintiff shall not dispose of such personal property for two business 257 |
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| 324 | 324 | | days in order to permit the occupant to notify the state marshal of his or 258 |
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| 325 | 325 | | her intent to reclaim the property. The plaintiff, in coordination with the 259 |
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| 326 | 326 | | state marshal, shall permit the defendant or occupant with one 260 |
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| 327 | 327 | | uninterrupted opportunity to remove such personal possessions during 261 |
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| 328 | 328 | | such two-business-day period. 262 |
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| 329 | 329 | | Sec. 4. Subsection (b) of section 52-261 of the general statutes is 263 |
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| 330 | 330 | | repealed and the following is substituted in lieu thereof (Effective October 264 |
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| 331 | 331 | | 1, 2021): 265 |
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| 332 | 332 | | (b) Each officer or person shall receive the following fees: (1) For 266 |
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| 333 | 333 | | service of an execution on a summary process judgment, not more than 267 |
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| 334 | 334 | | [fifty] seventy-five dollars; and (2) for removal under section 47a-42, as 268 |
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| 335 | 335 | | amended by this act, of a defendant or other occupant bound by a 269 |
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| 336 | 336 | | summary process judgment, or for supervising the disposal of [and] the 270 |
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| 337 | 337 | | possessions and personal effects of such defendant or other occupant 271 |
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| 338 | 338 | | under section 47a-42, as amended by this act, not more than one 272 |
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| 339 | 339 | | hundred dollars per hour. 273 |
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| 340 | 340 | | Sec. 5. Section 47a-26f of the general statutes is repealed and the 274 |
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| 341 | 341 | | following is substituted in lieu thereof (Effective October 1, 2021): 275 |
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| 342 | 342 | | After entry of final judgment, the court shall hold a hearing to 276 |
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| 343 | 343 | | determine the amount due each party from the accrued payments for 277 |
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| 344 | 344 | | such use and occupancy and order distribution in accordance with its 278 |
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| 345 | 345 | | determination, unless the payments have been disbursed as provided in 279 |
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| 346 | 346 | | section 47a-26b, as amended by this act. Such determination shall be 280 |
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| 347 | 347 | | based upon the respective claims of the parties arising during the 281 Raised Bill No. 944 |
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| 348 | 348 | | |
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| 349 | 349 | | |
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| 350 | 350 | | |
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| 351 | 351 | | LCO No. 3674 10 of 10 |
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| 352 | 352 | | |
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| 353 | 353 | | pendency of the proceedings after the date of the order for payments 282 |
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| 354 | 354 | | and shall be conclusive of such claims only to the extent of the total 283 |
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| 355 | 355 | | amount distributed. 284 |
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| 356 | 356 | | This act shall take effect as follows and shall amend the following |
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| 357 | 357 | | sections: |
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| 358 | 358 | | |
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| 359 | 359 | | Section 1 October 1, 2021 47a-11d |
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| 360 | 360 | | Sec. 2 October 1, 2021 47a-26b |
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| 361 | 361 | | Sec. 3 October 1, 2021 47a-42 |
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| 362 | 362 | | Sec. 4 October 1, 2021 52-261(b) |
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| 363 | 363 | | Sec. 5 October 1, 2021 47a-26f |
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| 364 | 364 | | |
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| 365 | 365 | | Statement of Purpose: |
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| 366 | 366 | | To permit landlords to dispose of an evicted or deceased tenant's |
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| 367 | 367 | | personal possessions and collect occupancy and use payments. |
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| 368 | 368 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 369 | 369 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 370 | 370 | | underlined.] |
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| 371 | 371 | | |
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