Connecticut 2022 Regular Session

Connecticut House Bill HB05208 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1174
4	4
5	5	General Assembly Raised Bill No. 5208
6	6	February Session, 2022
7	7	LCO No. 1174
8	8
9	9
10	10	Referred to Committee on HOUSING
11	11
12	12
13	13	Introduced by:
14	14	(HSG)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING HOUSING OPPORTUNITIES FOR JUSTICE -
20	20	IMPACTED PERSONS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 46a-64b of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2022): 2
26	26	As used in sections 46a-51 to 46a-99, inclusive, as amended by this 3
27	27	act: 4
28	28	(1) "Conviction" means a judgment entered by a court upon a plea of 5
29	29	guilty, a plea of nolo contendere or a finding of guilty by a jury or the 6
30	30	court, notwithstanding any pending appeal or habeas corpus 7
31	31	proceeding arising from such judgment. 8
32	32	[(1)] (2) "Discriminatory housing practice" means any discriminatory 9
33	33	practice specified in section 46a-64c, section 2 of this act or section 46a-10
34	34	81e. 11
35	35	[(2)] (3) "Dwelling" means any building, structure, mobile 12
36	36	manufactured home park or portion thereof which is occupied as, or 13 Raised Bill No. 5208
37	37
38	38	LCO No. 1174 2 of 15
39	39
40	40	designed or intended for occupancy as, a residence by one or more 14
41	41	families, and any vacant land which is offered for sale or lease for the 15
42	42	construction or location thereon of any such building, structure, mobile 16
43	43	manufactured home park or portion thereof. 17
44	44	[(3)] (4) "Fair Housing Act" means Title VIII of the Civil Rights Act of 18
45	45	1968, as amended, and known as the federal Fair Housing Act (42 USC 19
46	46	3600-3620). 20
47	47	[(4)] (5) "Family" includes a single individual. 21
48	48	[(5)] (6) "Familial status" means one or more individuals who have 22
49	49	not attained the age of eighteen years being domiciled with a parent or 23
50	50	another person having legal custody of such individual or individuals; 24
51	51	or the designee of such parent or other person having such custody with 25
52	52	the written permission of such parent or other person; or any person 26
53	53	who is pregnant or is in the process of securing legal custody of any 27
54	54	individual who has not attained the age of eighteen years. 28
55	55	[(6)] (7) "Housing for older persons" means housing: (A) Provided 29
56	56	under any state or federal program that the Secretary of the United 30
57	57	States Department of Housing and Urban Development determines is 31
58	58	specifically designed and operated to assist elderly persons as defined 32
59	59	in the state or federal program; or (B) intended for, and solely occupied 33
60	60	by, persons sixty-two years of age or older; or (C) intended and operated 34
61	61	for occupancy by at least one person fifty-five years of age or older per 35
62	62	unit in accordance with the standards set forth in the Fair Housing Act 36
63	63	and regulations developed pursuant thereto by the Secretary of the 37
64	64	United States Department of Housing and Urban Development. 38
65	65	(8) "Housing provider" means a landlord, an owner, an agent of such 39
66	66	landlord or owner, a real estate agent, a property manager, a housing 40
67	67	authority as created in section 8-40, a public housing agency or other 41
68	68	entity that provides dwelling units to tenants or prospective tenants. 42
69	69	(9) "Landlord" means the owner, lessor or sublessor of the dwelling 43
70	70	unit, the building of which it is a part or the premises. 44 Raised Bill No. 5208
71	71
72	72	LCO No. 1174 3 of 15
73	73
74	74	[(7)] (10) "Mobile manufactured home park" means a plot of land 45
75	75	upon which two or more mobile manufactured homes occupied for 46
76	76	residential purposes are located. 47
77	77	(11) "Owner" means one or more persons, jointly or severally, in 48
78	78	whom is vested (A) all or part of the legal title to a dwelling unit, the 49
79	79	building of which it is a part or the premises, or (B) all or part of the 50
80	80	beneficial ownership and a right to present use and enjoyment of the 51
81	81	premises, including a mortgagee in possession. 52
82	82	[(8)] (12) "Physical or mental disability" includes, but is not limited to, 53
83	83	intellectual disability, as defined in section 1-1g, and physical disability, 54
84	84	as defined in subdivision (15) of section 46a-51, and also includes, but is 55
85	85	not limited to, persons who have a handicap as that term is defined in 56
86	86	the Fair Housing Act. 57
87	87	[(9)] (13) "Residential-real-estate-related transaction" means (A) the 58
88	88	making or purchasing of loans or providing other financial assistance 59
89	89	for purchasing, constructing, improving, repairing or maintaining a 60
90	90	dwelling, or secured by residential real estate; or (B) the selling, 61
91	91	brokering or appraising of residential real property. 62
92	92	[(10)] (14) "To rent" includes to lease, to sublease, to let and to 63
93	93	otherwise grant for a consideration the right to occupy premises not 64
94	94	owned by the occupant. 65
95	95	Sec. 2. (NEW) (Effective October 1, 2022) (a) Except as provided in 66
96	96	subsections (g) and (h) of this section, it shall be a discriminatory 67
97	97	practice in violation of this section for a housing provider to refuse to 68
98	98	rent after making a bona fide offer, or to refuse to negotiate for the rental 69
99	99	of, or otherwise make unavailable or deny a dwelling unit or deny 70
100	100	occupancy in a dwelling unit, to any person based on such person's 71
101	101	criminal record, except for (1) a conviction for the commission of a 72
102	102	misdemeanor described in subsection (b) of this section during the three 73
103	103	years immediately preceding the rental application, or (2) a conviction 74
104	104	for the commission of a felony described in subsection (b) of this section 75
105	105	during the seven years immediately preceding the rental application. 76 Raised Bill No. 5208
106	106
107	107	LCO No. 1174 4 of 15
108	108
109	109	(b) Within the three-year or seven-year period specified in subsection 77
110	110	(a) of this section, before denying a rental application based on the 78
111	111	criminal conviction of any applicant, a housing provider shall consider 79
112	112	(1) the nature and severity of the crime, (2) the relationship, if any, the 80
113	113	crime may have to the prospective tenancy of the convicted person, (3) 81
114	114	information pertaining to the degree of rehabilitation of the convicted 82
115	115	person, and (4) the time elapsed since the conviction. 83
116	116	(c) In ascertaining whether an applicant has committed a crime, a 84
117	117	housing provider shall comply with all applicable laws, including, but 85
118	118	not limited to, the Fair Credit Reporting Act, 15 USC 1681 et seq., as 86
119	119	amended from time to time. An applicant's rental application may not 87
120	120	be denied based on (1) an official or unofficial record of an arrest or a 88
121	121	charge or other allegation of a criminal act not followed by a conviction, 89
122	122	(2) a violation of a condition of probation or parole resulting from 90
123	123	conduct that would not be criminal if it were not prohibited by such 91
124	124	condition, (3) a record of a conviction that has been erased, or (4) a 92
125	125	conviction for conduct that occurred when the applicant was a minor. 93
126	126	(d) Prior to denying a rental application under this section, a housing 94
127	127	provider shall provide written notice to the applicant that the 95
128	128	application requires further review due to the applicant's criminal 96
129	129	conviction. The housing provider shall provide the applicant at least five 97
130	130	business days in which to respond to such notice and present relevant 98
131	131	mitigating information regarding the conviction and evidence that the 99
132	132	applicant would be a suitable tenant. Such evidence may include, but is 100
133	133	not limited to, the following factors: (1) The nature and severity of the 101
134	134	criminal offense; (2) the facts or circumstances surrounding the criminal 102
135	135	conduct; (3) the age of the applicant at the time of the offense; (4) the 103
136	136	length of time elapsed since the offense; (5) evidence the applicant has 104
137	137	maintained a good tenant history before or after the offense; (6) the 105
138	138	applicant's employment status; (7) any volunteer or charitable activities 106
139	139	the applicant has engaged in; (8) any information produced by the 107
140	140	applicant, or produced on the applicant's behalf, in regard to the 108
141	141	applicant's rehabilitation, good character or good conduct since the 109
142	142	offense; and (9) any other evidence that the offense is unlikely to 110 Raised Bill No. 5208
143	143
144	144	LCO No. 1174 5 of 15
145	145
146	146	reoccur. If, after consideration of evidence relevant to the factors set 111
147	147	forth in this subsection, the housing provider rejects an applicant's 112
148	148	rental application based on the conviction of a crime, the housing 113
149	149	provider shall give a written explanation for such rejection and 114
150	150	specifically state the evidence presented and reasons for rejection. The 115
151	151	housing provider shall send a copy of such rejection by registered mail 116
152	152	to the applicant at the address provided in the rental application and 117
153	153	shall retain a copy of such rejection for at least two years from the time 118
154	154	such rejection was sent. 119
155	155	(e) If a dwelling unit becomes unavailable after the housing provider 120
156	156	has received an application but before the housing provider has 121
157	157	determined whether to deny the application pursuant to subsections (b) 122
158	158	to (d), inclusive, of this section, the housing provider shall evaluate the 123
159	159	application to determine whether the application would have been 124
160	160	denied pursuant to subsections (b) to (d), inclusive, of this section. If a 125
161	161	denial of the application would violate the provisions of this section, the 126
162	162	housing provider shall consider the applicant for the housing provider's 127
163	163	next available dwelling unit. A housing provider shall retain any rental 128
164	164	application received and records concerning how each was dealt with 129
165	165	for not less than two years after receiving such application. 130
166	166	(f) Except as provided in subsections (g) and (h) of this section, it shall 131
167	167	be a discriminatory practice in violation of this section to (1) 132
168	168	discriminate against any person in the terms, conditions or privileges of 133
169	169	the rental of a dwelling unit, or in the provision of services or facilities 134
170	170	in connection with the rental of such dwelling unit, because of such 135
171	171	person's criminal conviction status; (2) make, print or publish, or cause 136
172	172	to be made, printed or published, any notice, statement or 137
173	173	advertisement with respect to the rental of a dwelling unit that indicates 138
174	174	any preference, limitation or discrimination based on criminal 139
175	175	conviction status, or an intention to make any such preference, 140
176	176	limitation or discrimination; (3) represent to any person because of 141
177	177	criminal conviction status that any dwelling unit is not available for 142
178	178	inspection or rental if such dwelling unit is so available; and (4) inquire 143
179	179	about an applicant's prior arrests, criminal charges or convictions on an 144 Raised Bill No. 5208
180	180
181	181	LCO No. 1174 6 of 15
182	182
183	183	initial application for rental of a dwelling unit unless required to do so 145
184	184	by federal law. 146
185	185	(g) The provisions of this section shall not apply to a person who 147
186	186	applies for public housing who has a conviction for manufacture or 148
187	187	production of methamphetamine on the premises of federally assisted 149
188	188	housing, or to a person subject to a lifetime registration requirement 150
189	189	under a state registration program pursuant to 24 CFR 960.204 and 24 151
190	190	CFR 982.553. Nothing in this section shall be construed to limit the 152
191	191	applicability of 24 CFR 960.204 or 24 CFR 982.553 regarding a public 153
192	192	housing authority. 154
193	193	(h) The provisions of this section shall not apply to (1) the rental of a 155
194	194	room or rooms in a single-family dwelling if the owner maintains and 156
195	195	occupies part of such unit as such owner's residence, or (2) a unit in a 157
196	196	dwelling containing not more than four units if the owner maintains and 158
197	197	occupies one of such other units as such owner's residence. 159
198	198	(i) Nothing in this section shall be construed to limit the applicability 160
199	199	of any reasonable statute or municipal ordinance restricting the 161
200	200	maximum number of persons permitted to occupy a dwelling. 162
201	201	(j) Any person aggrieved by a violation of this section may file a 163
202	202	complaint not later than one hundred eighty days after the alleged act 164
203	203	of discrimination, pursuant to section 46a-82 of the general statutes, as 165
204	204	amended by this act. 166
205	205	(k) Notwithstanding any other provision of chapter 814c of the 167
206	206	general statutes, complaints alleging a violation of this section shall be 168
207	207	investigated not later than one hundred days after filing and a final 169
208	208	administrative disposition shall be made not later than one year after 170
209	209	filing unless it is impracticable to do so. If the Commission on Human 171
210	210	Rights and Opportunities is unable to complete its investigation or make 172
211	211	a final administrative determination within such time frames, it shall 173
212	212	notify the complainant and the respondent, in writing, of the reasons for 174
213	213	not doing so. 175 Raised Bill No. 5208
214	214
215	215	LCO No. 1174 7 of 15
216	216
217	217	(l) Not later than November 1, 2022, the Commission on Human 176
218	218	Rights and Opportunities shall post, and thereafter update as necessary, 177
219	219	a model form on its Internet web site for housing providers to use in 178
220	220	evaluating evidence and other information received under subsection 179
221	221	(c) of this section. 180
222	222	Sec. 3. Section 8-45a of the general statutes is repealed and the 181
223	223	following is substituted in lieu thereof (Effective October 1, 2022): 182
224	224	A housing authority, as defined in subsection (b) of section 8-39, in 183
225	225	determining eligibility for the rental of public housing units may 184
226	226	establish criteria and consider relevant information concerning (1) an 185
227	227	applicant's or any proposed occupant's history of criminal activity 186
228	228	involving: (A) Crimes of physical violence to persons or property, (B) 187
229	229	crimes involving the illegal manufacture, sale, distribution or use of, or 188
230	230	possession with intent to manufacture, sell, use or distribute, a 189
231	231	controlled substance, as defined in section 21a-240, or (C) other criminal 190
232	232	acts which would adversely affect the health, safety or welfare of other 191
233	233	tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 192
234	234	of abuse, of alcohol when the housing authority has reasonable cause to 193
235	235	believe that such applicant's or proposed occupant's abuse, or pattern of 194
236	236	abuse, of alcohol may interfere with the health, safety or right to 195
237	237	peaceful enjoyment of the premises by other residents, and (3) an 196
238	238	applicant or any proposed occupant who is subject to a lifetime 197
239	239	registration requirement under section 54-252 on account of being 198
240	240	convicted or found not guilty by reason of mental disease or defect of a 199
241	241	sexually violent offense. In evaluating any such information, the 200
242	242	housing authority shall give consideration to the time, nature and extent 201
243	243	of the applicant's or proposed occupant's conduct and to factors which 202
244	244	might indicate a reasonable probability of favorable future conduct such 203
245	245	as evidence of rehabilitation and evidence of the willingness of the 204
246	246	applicant, the applicant's family or the proposed occupant to participate 205
247	247	in social service or other appropriate counseling programs and the 206
248	248	availability of such programs. Except as otherwise provided by law, a 207
249	249	housing authority shall limit its consideration of an applicant's or 208
250	250	proposed occupant's history of criminal activity to the applicable time 209 Raised Bill No. 5208
251	251
252	252	LCO No. 1174 8 of 15
253	253
254	254	periods established under subsection (a) of section 2 of this act. 210
255	255	Sec. 4. Subdivision (8) of section 46a-51 of the 2022 supplement to the 211
256	256	general statutes is repealed and the following is substituted in lieu 212
257	257	thereof (Effective October 1, 2022): 213
258	258	(8) "Discriminatory practice" means a violation of section 4a-60, 4a-214
259	259	60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-215
260	260	54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 216
261	261	46a-60, 46a-64, 46a-64c, section 2 of this act, section 46a-66, 46a-68, 46a-217
262	262	68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of 218
263	263	section 46a-80 or sections 46a-81b to 46a-81o, inclusive; 219
264	264	Sec. 5. Subdivision (8) of section 46a-51 of the 2022 supplement to the 220
265	265	general statutes, as amended by section 10 of public act 21-32, is 221
266	266	repealed and the following is substituted in lieu thereof (Effective January 222
267	267	1, 2023): 223
268	268	(8) "Discriminatory practice" means a violation of section 4a-60, 4a-224
269	269	60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, 225
270	270	subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 226
271	271	and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 227
272	272	section 2 of this act, section 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, 228
273	273	or 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80 or sections 229
274	274	46a-81b to 46a-81o, inclusive, and sections 46a-80b to 46a-80e, inclusive, 230
275	275	and sections 46a-80k to 46a-80m, inclusive; 231
276	276	Sec. 6. Subdivision (14) of section 46a-54 of the 2022 supplement to 232
277	277	the general statutes is repealed and the following is substituted in lieu 233
278	278	thereof (Effective October 1, 2022): 234
279	279	(14) To require the posting, by any respondent or other person subject 235
280	280	to the requirements of section 46a-64, 46a-64c, section 2 of this act, 236
281	281	section 46a-81d or 46a-81e, of such notices of statutory provisions as it 237
282	282	deems desirable; 238
283	283	Sec. 7. Section 46a-74 of the 2022 supplement to the general statutes 239 Raised Bill No. 5208
284	284
285	285	LCO No. 1174 9 of 15
286	286
287	287	is repealed and the following is substituted in lieu thereof (Effective 240
288	288	October 1, 2022): 241
289	289	No state department, board or agency may permit any 242
290	290	discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-243
291	291	64c or section 2 of this act. 244
292	292	Sec. 8. Section 46a-74 of the 2022 supplement to the general statutes, 245
293	293	as amended by section 29 of public act 21-32, is repealed and the 246
294	294	following is substituted in lieu thereof (Effective January 1, 2023): 247
295	295	No state department, board or agency may permit any 248
296	296	discriminatory practice in violation of section 46a-59, 46a-64, 46a-64c, 249
297	297	section 2 of this act, section 46a-80b to 46a-80e, inclusive, or 46a-80k to 250
298	298	46a-80m, inclusive. 251
299	299	Sec. 9. Subsection (a) of section 46a-82 of the 2022 supplement to the 252
300	300	general statutes is repealed and the following is substituted in lieu 253
301	301	thereof (Effective October 1, 2022): 254
302	302	(a) Any person claiming to be aggrieved by an alleged discriminatory 255
303	303	practice, except for an alleged violation of section 4a-60g or 46a-68 or the 256
304	304	provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or 257
305	305	herself or by such person's attorney, file with the commission a 258
306	306	complaint in writing under oath, except that a complaint that alleges a 259
307	307	violation of section 46a-64c or section 2 of this act need not be notarized. 260
308	308	The complaint shall state the name and address of the person alleged to 261
309	309	have committed the discriminatory practice, provide a short and plain 262
310	310	statement of the allegations upon which the claim is based and contain 263
311	311	such other information as may be required by the commission. After the 264
312	312	filing of a complaint, the commission shall provide the complainant 265
313	313	with a notice that: (1) Acknowledges receipt of the complaint; and (2) 266
314	314	advises of the time frames and choice of forums available under this 267
315	315	chapter. 268
316	316	Sec. 10. Subsections (a) to (c), inclusive, of section 46a-83 of the 269
317	317	general statutes are repealed and the following is substituted in lieu 270 Raised Bill No. 5208
318	318
319	319	LCO No. 1174 10 of 15
320	320
321	321	thereof (Effective October 1, 2022): 271
322	322	(a) Not later than fifteen days after the date of filing of any 272
323	323	discriminatory practice complaint pursuant to subsection (a) or (b) of 273
324	324	section 46a-82, as amended by this act, or an amendment to such 274
325	325	complaint adding an additional respondent, the commission shall serve 275
326	326	the respondent as provided in section 46a-86a with the complaint and a 276
327	327	notice advising of the procedural rights and obligations of a respondent 277
328	328	under this chapter. The respondent shall either (1) file a written answer 278
329	329	to the complaint as provided in subsection (b) of this section, or (2) not 279
330	330	later than ten days after the date of receipt of the complaint, provide 280
331	331	written notice to the complainant and the commission that the 281
332	332	respondent has elected to participate in pre-answer conciliation, except 282
333	333	that a discriminatory practice complaint alleging a violation of section 283
334	334	46a-64c or 46a-81e shall not be subject to pre-answer conciliation. A 284
335	335	complaint sent by first class mail shall be considered to be received not 285
336	336	later than two days after the date of mailing, unless the respondent 286
337	337	proves otherwise. The commission shall conduct a pre-answer 287
338	338	conciliation conference not later than thirty days after the date of 288
339	339	receiving the respondent's request for pre-answer conciliation. 289
340	340	(b) Except as provided in this subsection, not later than thirty days 290
341	341	after the date (1) of receipt of the complaint, or (2) on which the 291
342	342	commission determines that the pre-answer conciliation conference was 292
343	343	unsuccessful, the respondent shall file a written answer to the 293
344	344	complaint, under oath, with the commission. The respondent may 294
345	345	request, and the commission may grant, one extension of time of not 295
346	346	more than fifteen days within which to file a written answer to the 296
347	347	complaint. An answer to any amendment to a complaint shall be filed 297
348	348	within twenty days of the date of receipt to such amendment. The 298
349	349	answer to any complaint alleging a violation of section 46a-64c, section 299
350	350	2 of this act or section 46a-81e shall be filed not later than ten days after 300
351	351	the date of receipt of the complaint. 301
352	352	(c) Not later than sixty days after the date of the filing of the 302
353	353	respondent's answer, the executive director or the executive director's 303 Raised Bill No. 5208
354	354
355	355	LCO No. 1174 11 of 15
356	356
357	357	designee shall conduct a case assessment review to determine whether 304
358	358	the complaint should be retained for further processing or dismissed 305
359	359	because (1) it fails to state a claim for relief or is frivolous on its face, (2) 306
360	360	the respondent is exempt from the provisions of this chapter, or (3) there 307
361	361	is no reasonable possibility that investigating the complaint will result 308
362	362	in a finding of reasonable cause. The case assessment review shall 309
363	363	include the complaint, the respondent's answer and the responses to the 310
364	364	commission's requests for information, and the complainant's 311
365	365	comments, if any, to the respondent's answer and information 312
366	366	responses. The executive director or the executive director's designee 313
367	367	shall send notice of any action taken pursuant to the case assessment 314
368	368	review in accordance with section 46a-86a. For any complaint dismissed 315
369	369	pursuant to this subsection, the executive director or the executive 316
370	370	director's designee shall issue a release of jurisdiction allowing the 317
371	371	complainant to bring a civil action under section 46a-100. This 318
372	372	subsection and subsection (e) of this section shall not apply to any 319
373	373	complaint alleging a violation of section 46a-64c, section 2 of this act or 320
374	374	section 46a-81e. The executive director shall report the results of the case 321
375	375	assessment reviews made pursuant to this subsection to the commission 322
376	376	quarterly during each year. 323
377	377	Sec. 11. Subdivision (2) of subsection (g) of section 46a-83 of the 324
378	378	general statutes is repealed and the following is substituted in lieu 325
379	379	thereof (Effective October 1, 2022): 326
380	380	(2) If the investigator makes a finding that there is reasonable cause 327
381	381	to believe that a violation of section 46a-64c or section 2 of this act has 328
382	382	occurred, the complainant and the respondent shall have twenty days 329
383	383	from sending of the reasonable cause finding to elect a civil action in lieu 330
384	384	of an administrative hearing pursuant to section 46a-84. If either the 331
385	385	complainant or the respondent requests a civil action, the commission, 332
386	386	through the Attorney General or a commission legal counsel, shall 333
387	387	commence an action pursuant to subsection (b) of section 46a-89, as 334
388	388	amended by this act, not later than ninety days after the date of receipt 335
389	389	of the notice of election. If the Attorney General or a commission legal 336
390	390	counsel believes that injunctive relief, punitive damages or a civil 337 Raised Bill No. 5208
391	391
392	392	LCO No. 1174 12 of 15
393	393
394	394	penalty would be appropriate, such relief, damages or penalty may also 338
395	395	be sought. The jurisdiction of the Superior Court in an action brought 339
396	396	under this subdivision shall be limited to such claims, counterclaims, 340
397	397	defenses or the like that could be presented at an administrative hearing 341
398	398	before the commission, had the complaint remained with the 342
399	399	commission for disposition. A complainant may intervene as a matter 343
400	400	of right in a civil action without permission of the court or the parties. If 344
401	401	the Attorney General or commission legal counsel, as the case may be, 345
402	402	determines that the interests of the state will not be adversely affected, 346
403	403	the complainant or attorney for the complainant shall present all or part 347
404	404	of the case in support of the complaint. If the Attorney General or a 348
405	405	commission legal counsel determines that a material mistake of law or 349
406	406	fact has been made in the finding of reasonable cause, the Attorney 350
407	407	General or a commission legal counsel may decline to bring a civil action 351
408	408	and shall remand the file to the investigator for further action. The 352
409	409	investigator shall complete any such action not later than ninety days 353
410	410	after receipt of such file. 354
411	411	Sec. 12. Subsection (c) of section 46a-86 of the general statutes is 355
412	412	repealed and the following is substituted in lieu thereof (Effective October 356
413	413	1, 2022): 357
414	414	(c) In addition to any other action taken under this section, upon a 358
415	415	finding of a discriminatory practice prohibited by section 46a-58, 46a-359
416	416	59, 46a-64, 46a-64c, section 2 of this act, section 46a-81b, 46a-81d or 46a-360
417	417	81e, the presiding officer shall determine the damage suffered by the 361
418	418	complainant, which damage shall include, but not be limited to, the 362
419	419	expense incurred by the complainant for obtaining alternate housing or 363
420	420	space, storage of goods and effects, moving costs and other costs 364
421	421	actually incurred by the complainant as a result of such discriminatory 365
422	422	practice and shall allow reasonable attorney's fees and costs. The 366
423	423	amount of attorney's fees allowed shall not be contingent upon the 367
424	424	amount of damages requested by or awarded to the complainant. 368
425	425	Sec. 13. Subdivision (1) of subsection (b) of section 46a-89 of the 369
426	426	general statutes is repealed and the following is substituted in lieu 370 Raised Bill No. 5208
427	427
428	428	LCO No. 1174 13 of 15
429	429
430	430	thereof (Effective October 1, 2022): 371
431	431	(b) (1) Whenever a complaint filed pursuant to section 46a-82, as 372
432	432	amended by this act, alleges a violation of section 46a-64, 46a-64c, 373
433	433	section 2 of this act, section 46a-81d or 46a-81e, and the commission 374
434	434	believes that injunctive relief is required or that the imposition of 375
435	435	punitive damages or a civil penalty would be appropriate, the 376
436	436	commission may bring a petition in the superior court for the judicial 377
437	437	district in which the discriminatory practice which is the subject of the 378
438	438	complaint occurred or the judicial district in which the respondent 379
439	439	resides. 380
440	440	Sec. 14. Subsection (b) of section 46a-90a of the general statutes is 381
441	441	repealed and the following is substituted in lieu thereof (Effective October 382
442	442	1, 2022): 383
443	443	(b) When the presiding officer finds that the respondent has engaged 384
444	444	in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-385
445	445	64c, section 2 of this act, section 46a-81c, 46a-81d or 46a-81e and grants 386
446	446	relief on the complaint, requiring that a temporary injunction remain in 387
447	447	effect, the executive director may, through the procedure outlined in 388
448	448	subsection (a) of section 46a-95, petition the court which granted the 389
449	449	original temporary injunction to make the injunction permanent. 390
450	450	Sec. 15. Section 46a-98a of the general statutes is repealed and the 391
451	451	following is substituted in lieu thereof (Effective October 1, 2022): 392
452	452	Any person claiming to be aggrieved by a violation of section 46a-393
453	453	64c, section 2 of this act or section 46a-81e or by a breach of a conciliation 394
454	454	agreement entered into pursuant to this chapter, may bring an action in 395
455	455	the Superior Court, or the housing session of said court if appropriate 396
456	456	within one year of the date of the alleged discriminatory practice or of a 397
457	457	breach of a conciliation agreement entered into pursuant to this chapter. 398
458	458	No action pursuant to this section may be brought in the Superior Court 399
459	459	regarding the alleged discriminatory practice after the commission has 400
460	460	obtained a conciliation agreement pursuant to section 46a-83, as 401
461	461	amended by this act, or commenced a hearing pursuant to section 46a-402 Raised Bill No. 5208
462	462
463	463	LCO No. 1174 14 of 15
464	464
465	465	84, except for an action to enforce the conciliation agreement. The court 403
466	466	shall have the power to grant relief, by injunction or otherwise, as it 404
467	467	deems just and suitable. The court may grant any relief which a 405
468	468	presiding officer may grant in a proceeding under section 46a-86, as 406
469	469	amended by this act, or which the court may grant in a proceeding 407
470	470	under section 46a-89, as amended by this act. The commission, through 408
471	471	commission legal counsel or the Attorney General, may intervene as a 409
472	472	matter of right in any action brought pursuant to this section without 410
473	473	permission of the court or the parties. 411
474	474	Sec. 16. Subdivision (1) of subsection (a) of section 47a-23c of the 412
475	475	general statutes is repealed and the following is substituted in lieu 413
476	476	thereof (Effective October 1, 2022): 414
477	477	(a) (1) Except as provided in subdivision (2) of this subsection, this 415
478	478	section applies to any tenant who resides in a building or complex 416
479	479	consisting of five or more separate dwelling units or who resides in a 417
480	480	mobile manufactured home park and who is either: (A) Sixty-two years 418
481	481	of age or older, or whose spouse, sibling, parent or grandparent is sixty-419
482	482	two years of age or older and permanently resides with that tenant, or 420
483	483	(B) a person with a physical or mental disability, as defined in 421
484	484	subdivision [(8)] (12) of section 46a-64b, as amended by this act, or 422
485	485	whose spouse, sibling, child, parent or grandparent is a person with a 423
486	486	physical or mental disability who permanently resides with that tenant, 424
487	487	but only if such disability can be expected to result in death or to last for 425
488	488	a continuous period of at least twelve months. 426
489	489	This act shall take effect as follows and shall amend the following
490	490	sections:
491	491
492	492	Section 1 October 1, 2022 46a-64b
493	493	Sec. 2 October 1, 2022 New section
494	494	Sec. 3 October 1, 2022 8-45a
495	495	Sec. 4 October 1, 2022 46a-51(8)
496	496	Sec. 5 January 1, 2023 46a-51(8)
497	497	Sec. 6 October 1, 2022 46a-54(14)
498	498	Sec. 7 October 1, 2022 46a-74
499	499	Sec. 8 January 1, 2023 46a-74 Raised Bill No. 5208
500	500
501	501	LCO No. 1174 15 of 15
502	502
503	503	Sec. 9 October 1, 2022 46a-82(a)
504	504	Sec. 10 October 1, 2022 46a-83(a) to (c)
505	505	Sec. 11 October 1, 2022 46a-83(g)(2)
506	506	Sec. 12 October 1, 2022 46a-86(c)
507	507	Sec. 13 October 1, 2022 46a-89(b)(1)
508	508	Sec. 14 October 1, 2022 46a-90a(b)
509	509	Sec. 15 October 1, 2022 46a-98a
510	510	Sec. 16 October 1, 2022 47a-23c(a)(1)
511	511
512	512	Statement of Purpose:
513	513	To prohibit housing providers from considering a prospective tenant's
514	514	criminal conviction after certain time periods.
515	515	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
516	516	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
517	517	underlined.]
518	518