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General Assembly Raised Bill No. 5234
February Session, 2022
LCO No. 1738
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING THE RIGHTS AND RESPONSIBILITIES OF
LANDLORDS AND TENANTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) and (b) of section 47a-21 of the 2022 1
supplement to the general statutes are repealed and the following is 2
substituted in lieu thereof (Effective October 1, 2022): 3
(a) As used in this chapter: 4
(1) "Accrued interest" means the interest due on a security deposit as 5
provided in subsection (i) of this section, compounded annually to the 6
extent applicable. 7
(2) "Commissioner" means the Banking Commissioner. 8
(3) "Damage insurance" means a bond or commercial insurance 9
coverage as specified in the rental agreement to secure the performance 10
by the tenant of the terms and conditions of the rental agreement and to 11
replace any requirement for a security deposit. 12
[(3)] (4) "Escrow account" means any account at a financial institution 13 Raised Bill No. 5234
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which is not subject to execution by the creditors of the escrow agent 14
and includes a clients' funds account. 15
[(4)] (5) "Escrow agent" means the person in whose name an escrow 16
account is maintained. 17
[(5)] (6) "Financial institution" means any state bank and trust 18
company, national bank, savings bank, federal savings bank, savings 19
and loan association, and federal savings and loan association that is 20
located in this state. 21
[(6)] (7) "Forwarding address" means the address to which a security 22
deposit may be mailed for delivery to a former tenant. 23
[(7)] (8) "Landlord" means any landlord of residential real property, 24
and includes (A) any receiver; (B) any successor; and (C) any tenant who 25
sublets his premises. 26
[(8)] (9) "Receiver" means any person who is appointed or authorized 27
by any state, federal or probate court to receive rents from tenants, and 28
includes trustees, executors, administrators, guardians, conservators, 29
receivers, and receivers of rent. 30
[(9)] (10) "Rent receiver" means a receiver who lacks court 31
authorization to return security deposits and to inspect the premises of 32
tenants and former tenants. 33
[(10)] (11) "Residential real property" means real property containing 34
one or more residential units, including residential units not owned by 35
the landlord, and containing one or more tenants who paid a security 36
deposit. 37
[(11)] (12) "Security deposit" means any advance rental payment, or 38
any installment payment collected pursuant to section 47a-22a, except 39
an advance payment for the first month's rent or a deposit for a key or 40
any special equipment. 41
[(12)] (13) "Successor" means any person who succeeds to a landlord's 42 Raised Bill No. 5234
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interest whether by purchase, foreclosure or otherwise and includes a 43
receiver. 44
[(13)] (14) "Tenant" means a tenant, as defined in section 47a-1, as 45
amended by this act, or a resident, as defined in section 21-64. 46
[(14)] (15) "Tenant's obligations" means (A) the amount of any rental 47
or utility payment due the landlord from a tenant; (B) a tenant's 48
obligations under the provisions of section 47a-11; and (C) the actual 49
reasonable cost of changing the locks of the dwelling unit pursuant to 50
section 47a-7b, if the tenant has not paid such cost. 51
(b) (1) In the case of a tenant under sixty-two years of age, a landlord 52
shall not demand a security deposit or damage insurance in an amount 53
that exceeds two months' rent. 54
(2) In the case of a tenant sixty-two years of age or older, a landlord 55
shall not demand a security deposit or damage insurance in an amount 56
that exceeds one month's rent. Any landlord who has received a security 57
deposit in an amount that exceeds one month's rent from a tenant who 58
becomes sixty-two years of age after paying such security deposit shall 59
return the portion of such security deposit that exceeds one month's rent 60
to the tenant upon the tenant's request. Any landlord who has required 61
damage insurance in lieu of a security deposit in an amount that exceeds 62
one month's rent from a tenant who attains sixty-two years of age after 63
providing such damage insurance shall accept replacement damage 64
insurance coverage from such tenant in an amount not to exceed one 65
months' rent. 66
(3) Any landlord may permit any tenant to provide damage 67
insurance in lieu of the payment of a security deposit. Such damage 68
insurance shall conform to the following criteria: (A) The insurance 69
company providing the damage insurance is licensed or authorized to 70
do business in this state, (B) the damage insurance policy permits the 71
monthly payment of premiums unless the tenant selects a different 72
payment schedule, (C) the damage insurance is effective upon the 73
payment of the first premium and remains effective for the entire lease 74 Raised Bill No. 5234
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term, (D) the damage insurance coverage provided per claim is no less 75
than the amount the landlord requires for the security deposit, (E) the 76
insurance company providing the damage insurance agrees to approve 77
or deny payment of a claim in accordance with the Insurance 78
Department regulations of this state, and (F) the insurance company 79
providing the damage insurance shall notify the landlord in writing 80
within ten days if the damage insurance policy lapses or is canceled for 81
any reason. 82
(4) Any landlord may designate one or more insurance companies 83
from which the landlord will accept damage insurance in lieu of a 84
security deposit. Any such insurance companies shall be identified in 85
the written lease agreement between landlord and tenant. 86
(5) Any tenant who opts to provide damage insurance in lieu of a 87
security deposit may, at any time, opt to pay the full security deposit to 88
the landlord in lieu of maintaining the damage insurance policy. The 89
landlord shall not alter the terms of the lease in the event a tenant opts 90
to pay the full amount of the security deposit pursuant to this 91
subdivision. 92
Sec. 2. (NEW) (Effective October 1, 2022) (a) As used in this section, 93
"landlord", "tenant", "dwelling unit" and "rental agreement" have the 94
same meaning as provided in section 47a-1 of the general statutes, and 95
"walk-through" means a joint physical inspection of the dwelling unit 96
by the landlord and the tenant, or their designees, for the purpose of 97
noting and listing any observed conditions within the dwelling unit. On 98
and after January 1, 2023, upon or after the entry into a rental agreement 99
but prior to the tenant's occupancy of a dwelling unit, a landlord shall 100
offer such tenant the opportunity to conduct a walk-through of the 101
dwelling unit. If the tenant requests such a walk-through, the landlord 102
and tenant shall use a copy of the preoccupancy walk-through checklist 103
prepared by the Commissioner of Housing under subsection (c) of this 104
section. The landlord and the tenant, or their designees, shall specifically 105
note any existing conditions, defects or damages to the dwelling unit 106
present at the time of the walk-through. After the walk-through, the 107 Raised Bill No. 5234
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landlord and the tenant, or their designees, shall sign duplicate copies 108
of the checklist and each shall receive a copy. 109
(b) Upon the tenant's vacating of the dwelling unit, the landlord may 110
not retain any part of the security deposit collected under chapter 831 of 111
the general statutes or seek payment from the tenant for any condition, 112
defect or damage that was noted in the preoccupancy walk-through 113
checklist. Such walk-through checklist shall be admissible, but shall not 114
be conclusive, as evidence of the condition of the dwelling unit at the 115
beginning of a tenant's occupancy in any administrative or judicial 116
proceeding. 117
(c) Not later than December 1, 2023, the Commissioner of Housing 118
shall (1) prepare a standardized preoccupancy walk-through checklist 119
for any landlord and tenant to use to document the condition of any 120
dwelling unit during a preoccupancy walk-through under subsection 121
(a) of this section, and (2) make such checklist available on the 122
Department of Housing Internet web site. 123
(d) The provisions of this section shall not apply to any tenancy under 124
a rental agreement entered into prior to January 1, 2023. 125
Sec. 3. (NEW) (Effective October 1, 2022) (a) As used in this section, 126
"landlord" and "tenant" have the same meaning as provided in section 127
47a-1 of the general statutes, as amended by this act, and "tenant 128
screening report" means a credit report, a criminal background report, 129
an employment history report, a rental history report, or any 130
combination thereof, used by a landlord to determine the suitability of 131
a prospective tenant. 132
(b) No landlord may demand from a prospective tenant any 133
payment, fee or charge for the processing, review or acceptance of any 134
rental application, or demand any other payment, fee or charge before 135
or at the beginning of the tenancy, except a tenant screening report as 136
provided by subsection (c) of this section. 137
(c) Any landlord may charge a fee or fees to reimburse costs 138 Raised Bill No. 5234
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associated with conducting a tenant screening report, provided the 139
cumulative fee for such tenant screening report is no more than the 140
actual cost of the tenant screening report or twenty dollars, whichever 141
amount is less, and the landlord shall waive any such fee if the 142
prospective tenant provides a copy of a tenant screening report that is 143
satisfactory to the landlord and that was conducted within thirty days 144
of the tenant's rental application. A landlord may not collect such fee or 145
fees unless the landlord provides the prospective tenant with a copy of 146
the tenant screening report and a copy of the receipt or invoice from the 147
entity conducting the tenant screening report concerning the 148
prospective tenant. 149
Sec. 4. Section 47a-23c of the general statutes is repealed and the 150
following is substituted in lieu thereof (Effective October 1, 2022): 151
(a) (1) Except as provided in subdivision (2) of this subsection, this 152
section applies to any tenant who resides in a building or complex 153
consisting of five or more separate dwelling units or who resides in a 154
mobile manufactured home park and who is either: (A) Sixty-two years 155
of age or older, or whose spouse, sibling, parent or grandparent is sixty-156
two years of age or older and permanently resides with that tenant, or 157
(B) a person with a physical or mental disability, as defined in 158
subdivision (8) of section 46a-64b, or whose spouse, sibling, child, 159
parent or grandparent is a person with a physical or mental disability 160
who permanently resides with that tenant, but only if such disability can 161
be expected to result in death or to last for a continuous period of at least 162
twelve months. 163
(2) With respect to tenants in common interest communities, this 164
section applies only to (A) a conversion tenant, as defined in subsection 165
(3) of section 47-283, who (i) is described in subdivision (1) of this 166
subsection, or (ii) is not described in subdivision (1) of this subsection 167
but, during a transition period, as defined in subsection (4) of section 47-168
283, is residing in a conversion condominium created after May 6, 1980, 169
or in any other conversion common interest community created after 170
December 31, 1982, or (iii) is not described in subdivision (1) of this 171 Raised Bill No. 5234
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subsection but is otherwise protected as a conversion tenant by public 172
act 80-370*, and (B) a tenant who is not a conversion tenant but who is 173
described in subdivision (1) of this subsection if his landlord owns five 174
or more dwelling units in the common interest community in which the 175
dwelling unit is located. 176
(3) As used in this section, "tenant" includes each resident of a mobile 177
manufactured home park, as defined in section 21-64, including a 178
resident who owns his own home, "landlord" includes a "licensee" and 179
an "owner" of a mobile manufactured home park, as defined in section 180
21-64, "complex" means two or more buildings on the same or 181
contiguous parcels of real property under the same ownership, and 182
"mobile manufactured home park" means a parcel of real property, or 183
contiguous parcels of real property under the same ownership, upon 184
which five or more mobile manufactured homes occupied for 185
residential purposes are located. 186
(b) (1) No landlord may bring an action of summary process or other 187
action to dispossess a tenant described in subsection (a) of this section 188
except for one or more of the following reasons: (A) Nonpayment of 189
rent; (B) refusal to agree to a fair and equitable rent increase, as defined 190
in subsection (c) of this section; (C) material noncompliance with section 191
47a-11 or subsection (b) of section 21-82, which materially affects the 192
health and safety of the other tenants or which materially affects the 193
physical condition of the premises; (D) voiding of the rental agreement 194
pursuant to section 47a-31, or material noncompliance with the rental 195
agreement; (E) material noncompliance with the rules and regulations 196
of the landlord adopted in accordance with section 47a-9 or 21-70; (F) 197
permanent removal by the landlord of the dwelling unit of such tenant 198
from the housing market; or (G) bona fide intention by the landlord to 199
use such dwelling unit as his principal residence. 200
(2) The ground stated in subparagraph (G) of subdivision (1) of this 201
subsection is not available to the owner of a dwelling unit in a common 202
interest community occupied by a conversion tenant. 203 Raised Bill No. 5234
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(3) A tenant may not be dispossessed for a reason described in 204
subparagraph (B), (F) or (G) of subdivision (1) of this subsection during 205
the term of any existing rental agreement. 206
(c) (1) The rent of a tenant protected by this section may be increased 207
only to the extent that such increase is fair and equitable, based on the 208
criteria set forth in section 7-148c. 209
(2) Any such tenant aggrieved by a rent increase or proposed rent 210
increase may file a complaint with the fair rent commission, if any, for 211
the town, city or borough where his dwelling unit or mobile 212
manufactured home park lot is located; or, if no such fair rent 213
commission exists, may bring an action in the Superior Court to contest 214
the increase. In any such court proceeding, the court shall determine 215
whether the rent increase is fair and equitable, based on the criteria set 216
forth in section 7-148c. 217
(d) A landlord, to determine whether a tenant is a protected tenant, 218
as described in subdivision (1) of subsection (a) of this section, may 219
request proof of such protected status. On such request, any tenant 220
claiming protection shall provide proof of the protected status within 221
thirty days. The proof shall include a statement of a physician or an 222
advanced practice registered nurse in the case of alleged blindness or 223
other physical disability. 224
(e) (1) On and after January 1, 2023, whenever a dwelling unit is 225
rented to, or a rental agreement is entered into or renewed with, any 226
tenant who is a protected tenant as described in subdivision (1) of 227
subsection (a) of this section, the landlord of such dwelling unit or such 228
landlord's agent shall provide such protected tenant with written notice 229
of the provisions of subsections (b) and (c) of this section in a form as 230
described in subdivision (2) of this subsection. 231
(2) Not later than January 1, 2023, the Commissioner of Housing shall 232
create a notice which shall be used by landlords, pursuant to 233
subdivision (1) of this subsection, to inform a protected tenant of the 234
rights provided under subsections (b) and (c) of this section. Such notice 235 Raised Bill No. 5234
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shall be a one-page, plain-language summary of such rights and shall be 236
available in languages other than English, as determined by the 237
commissioner. Not later than January 1, 2023, such notice shall be posted 238
on the Department of Housing Internet web site. 239
Sec. 5. (NEW) (Effective October 1, 2022) Any landlord of a dwelling 240
unit located in a building that is subject to a pending foreclosure 241
proceeding, or where a judgment has been entered against the owner or 242
landlord in a foreclosure proceeding, shall provide any prospective 243
tenant of such dwelling unit with written notice of such pending 244
foreclosure proceeding or judgment. 245
Sec. 6. (NEW) (Effective October 1, 2022) (a) Any owner of property 246
containing a dwelling unit that is subject to a pending foreclosure 247
proceeding shall provide written notice of such proceeding to the 248
Commissioner of Housing, the chief executive officer of the 249
municipality in which such property is located and to all tenants 250
residing in such dwelling unit, not later than ten days after receiving 251
notice of such foreclosure proceeding. Not later than ten business days 252
after receipt of any such notice, the Commissioner of Housing shall 253
cause such notice to be posted on the Internet web site of the 254
department. 255
(b) Any tenant receiving notice of such foreclosure proceeding may 256
file an action under section 47a-14h of the general statutes, as amended 257
by this act, to seek an order of the court appointing a receiver to collect 258
rent until the foreclosure proceeding is resolved. 259
Sec. 7. Subsections (a) and (b) of section 47a-14h of the general 260
statutes are repealed and the following is substituted in lieu thereof 261
(Effective October 1, 2022): 262
(a) Any tenant who claims that the landlord has failed to perform his 263
or her legal duties, as required by section 47a-7 or 47a-7a or subdivisions 264
(1) to (13), inclusive, of subsection (a) of section 21-82 or that the 265
property containing the dwelling unit that the tenant occupies is subject 266
to a foreclosure proceeding, as described in section 6 of this act, may 267 Raised Bill No. 5234
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institute an action in the superior court having jurisdiction over housing 268
matters in the judicial district in which such tenant resides to obtain the 269
relief authorized by this section, section 6 of this act and sections 47a-7a, 270
47a-20 and 47a-68. No tenant may institute an action under this section 271
if a valid notice to quit possession or occupancy based upon 272
nonpayment of rent has been served on such tenant prior to the 273
institution of an action under this section or if a valid notice to quit 274
possession or occupancy based on any other ground has been served on 275
such tenant prior to such tenant making the complaint to the agency 276
referred to in subsection (b) of this section, provided any such notice to 277
quit is still effective. 278
(b) The action shall be instituted by filing a complaint, under oath, 279
with the clerk of the court. The complaint shall allege (1) the name of the 280
tenant; (2) the name of the landlord or, in a complaint concerning section 281
6 of this act, the name of the owner; (3) the address of the premises; (4) 282
the nature of the alleged violation of section 47a-7 or 47a-7a or 283
subsection (a) of section 21-82 or a copy of the notice received under 284
section 6 of this act; and (5) the dates when rent is due under the rental 285
agreement and the amount due on such dates. [The] Unless the 286
complaint is filed pursuant to section 6 of this act, the complaint shall 287
also allege that at least twenty-one days prior to the date on which the 288
complaint is filed, the tenant made a complaint concerning the premises 289
to the municipal agency, in the municipality where the premises are 290
located, responsible for enforcement of the housing code or, if no 291
housing code exists, of the public health code, or to the agency 292
responsible for enforcement of the code or ordinance alleged to have 293
been violated, or to another municipal agency which referred such 294
complaint to the municipal agency responsible for enforcement of such 295
code or ordinance. In the case of a mobile manufactured home located 296
in a mobile manufactured home park, such complaint may be made to 297
the Commissioner of Consumer Protection. The entry fee shall be 298
twenty-five dollars, which may be waived in accordance with section 299
52-259b. Such entry fee shall be a taxable cost of the action. If, on the 300
same day, more than one tenant from the same building or complex 301 Raised Bill No. 5234
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institutes an action under this section and pays the entry fee for such 302
action, unless such fee is waived, the actions shall be treated as a single 303
action. No recognizance or bond shall be required. 304
Sec. 8. Subsection (e) of section 47a-14h of the general statutes is 305
repealed and the following is substituted in lieu thereof (Effective October 306
1, 2022): 307
(e) [The] (1) Except as provided in subdivision (2) of this subsection, 308
the complainant may seek and the court may order interim or final relief 309
including, but not limited to, the following: [(1)] (A) An order 310
compelling the landlord to comply with the landlord's duties under 311
local, state or federal law; [(2)] (B) an order appointing a receiver to 312
collect rent or to correct conditions in the property which violate local, 313
state or federal law; [(3)] (C) an order staying other proceedings 314
concerning the same property; [(4)] (D) an award of money damages, 315
which may include a retroactive abatement of rent paid pursuant to 316
subsection (h) of this section; and [(5)] (E) such other relief in law or 317
equity as the court may deem proper. If the court orders a retroactive 318
abatement of rent [pursuant to subdivision (4) of this subsection] under 319
subparagraph (D) of this subdivision and all or a portion of the tenant's 320
rent was deposited with the court pursuant to subsection (h) of this 321
section by a housing authority, municipality, state agency or similar 322
entity, any rent ordered to be returned shall be returned to the tenant 323
and such entity in proportion to the amount of rent each deposited with 324
the court pursuant to subsection (h) of this section. 325
(2) For a complaint filed only under section 6 of this act, the 326
complainant may seek, and the court may order relief limited to, an 327
order appointing a receiver to collect rent during the pendency of the 328
foreclosure proceeding. 329
Sec. 9. Section 47a-1 of the 2022 supplement to the general statutes is 330
repealed and the following is substituted in lieu thereof (Effective October 331
1, 2022): 332
As used in this chapter, sections 2, 5 and 6 of this act and sections 47a-333 Raised Bill No. 5234
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21, as amended by this act, 47a-23 to 47a-23c, inclusive, as amended by 334
this act, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-335
41a, 47a-43 and 47a-46 and section 47a-7b: 336
(a) "Action" includes recoupment, counterclaim, set-off, cause of 337
action and any other proceeding in which rights are determined, 338
including an action for possession. 339
(b) "Building and housing codes" include any law, ordinance or 340
governmental regulation concerning fitness for habitation or the 341
construction, maintenance, operation, occupancy, use or appearance of 342
any premises or dwelling unit. 343
(c) "Dwelling unit" means any house or building, or portion thereof, 344
which is occupied, is designed to be occupied, or is rented, leased or 345
hired out to be occupied, as a home or residence of one or more persons. 346
(d) "Landlord" means the owner, lessor or sublessor of the dwelling 347
unit, the building of which it is a part or the premises. 348
(e) "Owner" means one or more persons, jointly or severally, in whom 349
is vested (1) all or part of the legal title to property, or (2) all or part of 350
the beneficial ownership and a right to present use and enjoyment of the 351
premises and includes a mortgagee in possession. 352
(f) "Person" means an individual, corporation, limited liability 353
company, the state or any political subdivision thereof, or agency, 354
business trust, estate, trust, partnership or association, two or more 355
persons having a joint or common interest, and any other legal or 356
commercial entity. 357
(g) "Premises" means a dwelling unit and the structure of which it is 358
a part and facilities and appurtenances therein and grounds, areas and 359
facilities held out for the use of tenants generally or whose use is 360
promised to the tenant. 361
(h) "Rent" means all periodic payments to be made to the landlord 362
under the rental agreement. 363 Raised Bill No. 5234
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(i) "Rental agreement" means all agreements, written or oral, and 364
valid rules and regulations adopted under section 47a-9 or subsection 365
(d) of section 21-70 embodying the terms and conditions concerning the 366
use and occupancy of a dwelling unit or premises. 367
(j) "Roomer" means a person occupying a dwelling unit, which unit 368
does not include a refrigerator, stove, kitchen sink, toilet and shower or 369
bathtub and one or more of these facilities are used in common by other 370
occupants in the structure. 371
(k) "Single-family residence" means a structure maintained and used 372
as a single dwelling unit. Notwithstanding that a dwelling unit shares 373
one or more walls with another dwelling unit or has a common parking 374
facility, it is a single-family residence if it has direct access to a street or 375
thoroughfare and does not share heating facilities, hot water equipment 376
or any other essential facility or service with any other dwelling unit. 377
(l) "Tenant" means the lessee, sublessee or person entitled under a 378
rental agreement to occupy a dwelling unit or premises to the exclusion 379
of others or as is otherwise defined by law. 380
(m) "Tenement house" means any house or building, or portion 381
thereof, which is rented, leased or hired out to be occupied, or is 382
arranged or designed to be occupied, or is occupied, as the home or 383
residence of three or more families, living independently of each other, 384
and doing their cooking upon the premises, and having a common right 385
in the halls, stairways or yards. 386
Sec. 10. (NEW) (Effective October 1, 2022) As used in this section, 387
"landlord", "tenant", "dwelling unit" and "rental agreement" have the 388
same meaning as provided in section 47a-1 of the general statutes, as 389
amended by this act. Any landlord shall provide, at the time a tenant 390
executes a rental agreement for any residential dwelling unit owned by 391
the landlord, an application for admission as an elector to each tenant 392
who is eligible to apply for admission as an elector pursuant to section 393
9-12 of the general statutes. 394 Raised Bill No. 5234
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 47a-21(a) and (b)
Sec. 2 October 1, 2022 New section
Sec. 3 October 1, 2022 New section
Sec. 4 October 1, 2022 47a-23c
Sec. 5 October 1, 2022 New section
Sec. 6 October 1, 2022 New section
Sec. 7 October 1, 2022 47a-14h(a) and (b)
Sec. 8 October 1, 2022 47a-14h(e)
Sec. 9 October 1, 2022 47a-1
Sec. 10 October 1, 2022 New section
Statement of Purpose:
To (1) allow landlords to accept damage insurance in lieu of security
deposits, (2) permit tenants to conduct a walk-through inspection of the
dwelling unit prior to moving in, (3) limit fees a landlord may charge in
connection with tenant screenings, (4) require landlords to provide
written notice to certain protected tenants of their legal rights regarding
evictions, (5) require landlords to provide notice of pending foreclosure
actions to current and prospective tenants and allow current tenants to
seek a court order appointing a receiver of rents, and (6) require that
landlords provide tenants with voter registration forms upon the
execution of any lease.
[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.]