Connecticut 2022 Regular Session

Connecticut House Bill HB05208 Latest Draft

Bill / Introduced Version Filed 02/22/2022

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 Section 46a-64b of the general statutes is repealed and the 1 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