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 Section 47a-11d of the general statutes is repealed and the 1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