Connecticut 2022 Regular Session

Connecticut House Bill HB05234 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 5234
	4	+	LCO No. 1738 1 of 14
	5	+
	6	+	General Assembly Raised Bill No. 5234
8	7		February Session, 2022
	8	+	LCO No. 1738
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	10	+
	11	+	Referred to Committee on HOUSING
	12	+
	13	+
	14	+	Introduced by:
	15	+	(HSG)
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12	18
13	19
14	20		AN ACT CONCERNING THE RIGHTS AND RESPONSIBILITIES OF
15	21		LANDLORDS AND TENANTS.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Subsections (a) and (b) of section 47a-21 of the 2022 1
20	26		supplement to the general statutes are repealed and the following is 2
21	27		substituted in lieu thereof (Effective October 1, 2022): 3
22	28		(a) As used in this chapter: 4
23	29		(1) "Accrued interest" means the interest due on a security deposit as 5
24	30		provided in subsection (i) of this section, compounded annually to the 6
25	31		extent applicable. 7
26		-	(2) "Commissioner" means the Banking Commissioner, unless 8
27		-	otherwise specified. 9
28		-	(3) "Damage insurance" means a bond or commercial insurance 10
29		-	coverage in an amount not greater than may be required under 11
30		-	subsection (b) of this section and as specified in any rental agreement to 12
31		-	secure the performance by the tenant of the terms and conditions of such 13
32		-	rental agreement and to replace any requirement for a security deposit. 14
33		-	[(3)] (4) "Escrow account" means any account at a financial institution 15
34		-	which is not subject to execution by the creditors of the escrow agent 16 Substitute Bill No. 5234
	32	+	(2) "Commissioner" means the Banking Commissioner. 8
	33	+	(3) "Damage insurance" means a bond or commercial insurance 9
	34	+	coverage as specified in the rental agreement to secure the performance 10
	35	+	by the tenant of the terms and conditions of the rental agreement and to 11
	36	+	replace any requirement for a security deposit. 12
	37	+	[(3)] (4) "Escrow account" means any account at a financial institution 13 Raised Bill No. 5234
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41		-	and includes a clients' funds account. 17
42		-	[(4)] (5) "Escrow agent" means the person in whose name an escrow 18
43		-	account is maintained. 19
44		-	[(5)] (6) "Financial institution" means any state bank and trust 20
45		-	company, national bank, savings bank, federal savings bank, savings 21
46		-	and loan association, and federal savings and loan association that is 22
47		-	located in this state. 23
48		-	[(6)] (7) "Forwarding address" means the address to which a security 24
49		-	deposit may be mailed for delivery to a former tenant. 25
50		-	[(7)] (8) "Landlord" means any landlord of residential real property, 26
51		-	and includes (A) any receiver; (B) any successor; and (C) any tenant who 27
52		-	sublets his premises. 28
53		-	[(8)] (9) "Receiver" means any person who is appointed or authorized 29
54		-	by any state, federal or probate court to receive rents from tenants, and 30
55		-	includes trustees, executors, administrators, guardians, conservators, 31
56		-	receivers, and receivers of rent. 32
57		-	[(9)] (10) "Rent receiver" means a receiver who lacks court 33
58		-	authorization to return security deposits and to inspect the premises of 34
59		-	tenants and former tenants. 35
60		-	[(10)] (11) "Residential real property" means real property containing 36
61		-	one or more residential units, including residential units not owned by 37
62		-	the landlord, and containing one or more tenants who paid a security 38
63		-	deposit. 39
64		-	[(11)] (12) "Security deposit" means any advance rental payment, or 40
65		-	any installment payment collected pursuant to section 47a-22a, except 41
66		-	an advance payment for the first month's rent or a deposit for a key or 42
67		-	any special equipment. 43
68		-	[(12)] (13) "Successor" means any person who succeeds to a landlord's 44 Substitute Bill No. 5234
	41	+	LCO No. 1738 2 of 14
	42	+
	43	+	which is not subject to execution by the creditors of the escrow agent 14
	44	+	and includes a clients' funds account. 15
	45	+	[(4)] (5) "Escrow agent" means the person in whose name an escrow 16
	46	+	account is maintained. 17
	47	+	[(5)] (6) "Financial institution" means any state bank and trust 18
	48	+	company, national bank, savings bank, federal savings bank, savings 19
	49	+	and loan association, and federal savings and loan association that is 20
	50	+	located in this state. 21
	51	+	[(6)] (7) "Forwarding address" means the address to which a security 22
	52	+	deposit may be mailed for delivery to a former tenant. 23
	53	+	[(7)] (8) "Landlord" means any landlord of residential real property, 24
	54	+	and includes (A) any receiver; (B) any successor; and (C) any tenant who 25
	55	+	sublets his premises. 26
	56	+	[(8)] (9) "Receiver" means any person who is appointed or authorized 27
	57	+	by any state, federal or probate court to receive rents from tenants, and 28
	58	+	includes trustees, executors, administrators, guardians, conservators, 29
	59	+	receivers, and receivers of rent. 30
	60	+	[(9)] (10) "Rent receiver" means a receiver who lacks court 31
	61	+	authorization to return security deposits and to inspect the premises of 32
	62	+	tenants and former tenants. 33
	63	+	[(10)] (11) "Residential real property" means real property containing 34
	64	+	one or more residential units, including residential units not owned by 35
	65	+	the landlord, and containing one or more tenants who paid a security 36
	66	+	deposit. 37
	67	+	[(11)] (12) "Security deposit" means any advance rental payment, or 38
	68	+	any installment payment collected pursuant to section 47a-22a, except 39
	69	+	an advance payment for the first month's rent or a deposit for a key or 40
	70	+	any special equipment. 41
	71	+	[(12)] (13) "Successor" means any person who succeeds to a landlord's 42 Raised Bill No. 5234
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75		-	interest whether by purchase, foreclosure or otherwise and includes a 45
76		-	receiver. 46
77		-	[(13)] (14) "Tenant" means a tenant, as defined in section 47a-1, as 47
78		-	amended by this act, or a resident, as defined in section 21-64. 48
79		-	[(14)] (15) "Tenant's obligations" means (A) the amount of any rental 49
80		-	or utility payment due the landlord from a tenant; (B) a tenant's 50
81		-	obligations under the provisions of section 47a-11; and (C) the actual 51
82		-	reasonable cost of changing the locks of the dwelling unit pursuant to 52
83		-	section 47a-7b, if the tenant has not paid such cost. 53
84		-	(b) (1) In the case of a tenant under sixty-two years of age, a landlord 54
85		-	shall not demand a security deposit or damage insurance coverage in an 55
86		-	amount that exceeds two months' rent. 56
87		-	(2) In the case of a tenant sixty-two years of age or older, a landlord 57
88		-	shall not demand a security deposit or damage insurance coverage in an 58
89		-	amount that exceeds one month's rent. Any landlord who has received 59
90		-	a security deposit in an amount that exceeds one month's rent from a 60
91		-	tenant who becomes sixty-two years of age after paying such security 61
92		-	deposit shall return the portion of such security deposit that exceeds one 62
93		-	month's rent to the tenant upon the tenant's request. Any landlord who 63
94		-	has accepted damage insurance in lieu of a security deposit in an 64
95		-	amount that exceeds one month's rent from a tenant who attains sixty-65
96		-	two years of age after providing such damage insurance shall accept 66
97		-	replacement damage insurance from such tenant in an amount not to 67
98		-	exceed one months' rent. 68
99		-	(3) Any landlord may permit any tenant to provide damage 69
100		-	insurance in lieu of the payment of a security deposit. Such damage 70
101		-	insurance shall conform to the following criteria: (A) The insurance 71
102		-	company providing the damage insurance is licensed or authorized to 72
103		-	do business in this state, (B) the damage insurance policy permits the 73
104		-	monthly payment of premiums unless the tenant selects a different 74
105		-	payment schedule, (C) the damage insurance is effective upon the 75 Substitute Bill No. 5234
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	76	+
	77	+	interest whether by purchase, foreclosure or otherwise and includes a 43
	78	+	receiver. 44
	79	+	[(13)] (14) "Tenant" means a tenant, as defined in section 47a-1, as 45
	80	+	amended by this act, or a resident, as defined in section 21-64. 46
	81	+	[(14)] (15) "Tenant's obligations" means (A) the amount of any rental 47
	82	+	or utility payment due the landlord from a tenant; (B) a tenant's 48
	83	+	obligations under the provisions of section 47a-11; and (C) the actual 49
	84	+	reasonable cost of changing the locks of the dwelling unit pursuant to 50
	85	+	section 47a-7b, if the tenant has not paid such cost. 51
	86	+	(b) (1) In the case of a tenant under sixty-two years of age, a landlord 52
	87	+	shall not demand a security deposit or damage insurance in an amount 53
	88	+	that exceeds two months' rent. 54
	89	+	(2) In the case of a tenant sixty-two years of age or older, a landlord 55
	90	+	shall not demand a security deposit or damage insurance in an amount 56
	91	+	that exceeds one month's rent. Any landlord who has received a security 57
	92	+	deposit in an amount that exceeds one month's rent from a tenant who 58
	93	+	becomes sixty-two years of age after paying such security deposit shall 59
	94	+	return the portion of such security deposit that exceeds one month's rent 60
	95	+	to the tenant upon the tenant's request. Any landlord who has required 61
	96	+	damage insurance in lieu of a security deposit in an amount that exceeds 62
	97	+	one month's rent from a tenant who attains sixty-two years of age after 63
	98	+	providing such damage insurance shall accept replacement damage 64
	99	+	insurance coverage from such tenant in an amount not to exceed one 65
	100	+	months' rent. 66
	101	+	(3) Any landlord may permit any tenant to provide damage 67
	102	+	insurance in lieu of the payment of a security deposit. Such damage 68
	103	+	insurance shall conform to the following criteria: (A) The insurance 69
	104	+	company providing the damage insurance is licensed or authorized to 70
	105	+	do business in this state, (B) the damage insurance policy permits the 71
	106	+	monthly payment of premiums unless the tenant selects a different 72
	107	+	payment schedule, (C) the damage insurance is effective upon the 73
	108	+	payment of the first premium and remains effective for the entire lease 74 Raised Bill No. 5234
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112		-	payment of the first premium and remains effective for the entire lease 76
113		-	term except as provided in subdivision (5) of this subsection, (D) the 77
114		-	damage insurance coverage provided per claim is no less than the 78
115		-	amount the landlord would otherwise require for the security deposit, 79
116		-	(E) the insurance company providing the damage insurance agrees to 80
117		-	approve or deny payment of a claim in accordance with the Insurance 81
118		-	Department regulations of this state, and (F) the insurance company 82
119		-	providing the damage insurance shall notify the landlord in writing 83
120		-	within ten days if the damage insurance policy lapses or is canceled for 84
121		-	any reason. 85
122		-	(4) Any landlord may designate one or more insurance companies 86
123		-	from which the landlord will accept damage insurance in lieu of a 87
124		-	security deposit. Any such insurance companies shall be identified in 88
125		-	the written lease agreement between landlord and tenant. 89
126		-	(5) Any tenant who opts to provide damage insurance in lieu of a 90
127		-	security deposit may, at any time, opt to pay the full security deposit to 91
128		-	the landlord in lieu of maintaining the damage insurance policy. The 92
129		-	landlord shall not alter the terms of the lease in the event a tenant opts 93
130		-	to pay the full amount of the security deposit pursuant to this 94
131		-	subdivision. 95
132		-	Sec. 2. (NEW) (Effective October 1, 2022) (a) As used in this section, 96
133		-	"walk-through" means a joint physical inspection of the dwelling unit 97
134		-	by the landlord and the tenant, or their designees, for the purpose of 98
135		-	noting and listing any observed conditions within the dwelling unit. On 99
136		-	and after January 1, 2023, upon or after the entry into a rental agreement 100
137		-	but prior to the tenant's occupancy of a dwelling unit, a landlord shall 101
138		-	offer such tenant the opportunity to conduct a walk-through of the 102
139		-	dwelling unit. If the tenant requests such a walk-through, the landlord 103
140		-	and tenant, or their designees, shall use a copy of the preoccupancy 104
141		-	walk-through checklist prepared by the Commissioner of Housing 105
142		-	under subsection (c) of this section. The landlord and the tenant, or their 106
143		-	designees, shall specifically note on the walk-through checklist any 107
144		-	existing conditions, defects or damages to the dwelling unit present at 108 Substitute Bill No. 5234
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	113	+
	114	+	term, (D) the damage insurance coverage provided per claim is no less 75
	115	+	than the amount the landlord requires for the security deposit, (E) the 76
	116	+	insurance company providing the damage insurance agrees to approve 77
	117	+	or deny payment of a claim in accordance with the Insurance 78
	118	+	Department regulations of this state, and (F) the insurance company 79
	119	+	providing the damage insurance shall notify the landlord in writing 80
	120	+	within ten days if the damage insurance policy lapses or is canceled for 81
	121	+	any reason. 82
	122	+	(4) Any landlord may designate one or more insurance companies 83
	123	+	from which the landlord will accept damage insurance in lieu of a 84
	124	+	security deposit. Any such insurance companies shall be identified in 85
	125	+	the written lease agreement between landlord and tenant. 86
	126	+	(5) Any tenant who opts to provide damage insurance in lieu of a 87
	127	+	security deposit may, at any time, opt to pay the full security deposit to 88
	128	+	the landlord in lieu of maintaining the damage insurance policy. The 89
	129	+	landlord shall not alter the terms of the lease in the event a tenant opts 90
	130	+	to pay the full amount of the security deposit pursuant to this 91
	131	+	subdivision. 92
	132	+	Sec. 2. (NEW) (Effective October 1, 2022) (a) As used in this section, 93
	133	+	"landlord", "tenant", "dwelling unit" and "rental agreement" have the 94
	134	+	same meaning as provided in section 47a-1 of the general statutes, and 95
	135	+	"walk-through" means a joint physical inspection of the dwelling unit 96
	136	+	by the landlord and the tenant, or their designees, for the purpose of 97
	137	+	noting and listing any observed conditions within the dwelling unit. On 98
	138	+	and after January 1, 2023, upon or after the entry into a rental agreement 99
	139	+	but prior to the tenant's occupancy of a dwelling unit, a landlord shall 100
	140	+	offer such tenant the opportunity to conduct a walk-through of the 101
	141	+	dwelling unit. If the tenant requests such a walk-through, the landlord 102
	142	+	and tenant shall use a copy of the preoccupancy walk-through checklist 103
	143	+	prepared by the Commissioner of Housing under subsection (c) of this 104
	144	+	section. The landlord and the tenant, or their designees, shall specifically 105
	145	+	note any existing conditions, defects or damages to the dwelling unit 106
	146	+	present at the time of the walk-through. After the walk-through, the 107 Raised Bill No. 5234
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151		-	the time of the walk-through. After the walk-through, the landlord and 109
152		-	the tenant, or their designees, shall sign duplicate copies of the walk-110
153		-	through checklist and each shall receive a copy. 111
154		-	(b) Upon the tenant's vacating of the dwelling unit, the landlord may 112
155		-	not retain any part of the security deposit collected under chapter 831 of 113
156		-	the general statutes or seek payment from the tenant for any condition, 114
157		-	defect or damage that was noted in the preoccupancy walk-through 115
158		-	checklist. Such walk-through checklist shall be admissible, but shall not 116
159		-	be conclusive, as evidence of the condition of the dwelling unit at the 117
160		-	beginning of a tenant's occupancy in any administrative or judicial 118
161		-	proceeding. 119
162		-	(c) Not later than December 1, 2023, the Commissioner of Housing 120
163		-	shall (1) prepare a standardized preoccupancy walk-through checklist 121
164		-	for any landlord and tenant to use to document the condition of any 122
165		-	dwelling unit during a preoccupancy walk-through under subsection 123
166		-	(a) of this section, and (2) make such checklist available on the 124
167		-	Department of Housing Internet web site. 125
168		-	(d) The provisions of this section shall not apply to any tenancy under 126
169		-	a rental agreement entered into prior to January 1, 2023. 127
170		-	Sec. 3. (NEW) (Effective October 1, 2022) (a) As used in this section, 128
171		-	"tenant screening report" means a credit report, a criminal background 129
172		-	report, an employment history report, a rental history report, or any 130
	150	+	LCO No. 1738 5 of 14
	151	+
	152	+	landlord and the tenant, or their designees, shall sign duplicate copies 108
	153	+	of the checklist and each shall receive a copy. 109
	154	+	(b) Upon the tenant's vacating of the dwelling unit, the landlord may 110
	155	+	not retain any part of the security deposit collected under chapter 831 of 111
	156	+	the general statutes or seek payment from the tenant for any condition, 112
	157	+	defect or damage that was noted in the preoccupancy walk-through 113
	158	+	checklist. Such walk-through checklist shall be admissible, but shall not 114
	159	+	be conclusive, as evidence of the condition of the dwelling unit at the 115
	160	+	beginning of a tenant's occupancy in any administrative or judicial 116
	161	+	proceeding. 117
	162	+	(c) Not later than December 1, 2023, the Commissioner of Housing 118
	163	+	shall (1) prepare a standardized preoccupancy walk-through checklist 119
	164	+	for any landlord and tenant to use to document the condition of any 120
	165	+	dwelling unit during a preoccupancy walk-through under subsection 121
	166	+	(a) of this section, and (2) make such checklist available on the 122
	167	+	Department of Housing Internet web site. 123
	168	+	(d) The provisions of this section shall not apply to any tenancy under 124
	169	+	a rental agreement entered into prior to January 1, 2023. 125
	170	+	Sec. 3. (NEW) (Effective October 1, 2022) (a) As used in this section, 126
	171	+	"landlord" and "tenant" have the same meaning as provided in section 127
	172	+	47a-1 of the general statutes, as amended by this act, and "tenant 128
	173	+	screening report" means a credit report, a criminal background report, 129
	174	+	an employment history report, a rental history report, or any 130
173	175		combination thereof, used by a landlord to determine the suitability of 131
174	176		a prospective tenant. 132
175	177		(b) No landlord may demand from a prospective tenant any 133
176	178		payment, fee or charge for the processing, review or acceptance of any 134
177	179		rental application, or demand any other payment, fee or charge before 135
178	180		or at the beginning of the tenancy, except a tenant screening report as 136
179	181		provided by subsection (c) of this section. 137
180		-	(c) Any landlord may charge a fee or fees to reimburse costs 138
181		-	associated with conducting a tenant screening report, provided the 139 Substitute Bill No. 5234
	182	+	(c) Any landlord may charge a fee or fees to reimburse costs 138 Raised Bill No. 5234
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	188	+	associated with conducting a tenant screening report, provided the 139
188	189		cumulative fee for such tenant screening report is no more than the 140
189	190		actual cost of the tenant screening report or twenty dollars, whichever 141
190	191		amount is less, and the landlord shall waive any such fee if the 142
191	192		prospective tenant provides a copy of a tenant screening report that is 143
192	193		satisfactory to the landlord and that was conducted within thirty days 144
193	194		of the tenant's rental application. A landlord may not collect such fee or 145
194	195		fees unless the landlord provides the prospective tenant with a copy of 146
195	196		the tenant screening report and a copy of the receipt or invoice from the 147
196	197		entity conducting the tenant screening report concerning the 148
197	198		prospective tenant. 149
198	199		Sec. 4. Section 47a-23c of the general statutes is repealed and the 150
199	200		following is substituted in lieu thereof (Effective October 1, 2022): 151
200	201		(a) (1) Except as provided in subdivision (2) of this subsection, this 152
201	202		section applies to any tenant who resides in a building or complex 153
202	203		consisting of five or more separate dwelling units or who resides in a 154
203	204		mobile manufactured home park and who is either: (A) Sixty-two years 155
204	205		of age or older, or whose spouse, sibling, parent or grandparent is sixty-156
205	206		two years of age or older and permanently resides with that tenant, or 157
206	207		(B) a person with a physical or mental disability, as defined in 158
207	208		subdivision (8) of section 46a-64b, or whose spouse, sibling, child, 159
208	209		parent or grandparent is a person with a physical or mental disability 160
209	210		who permanently resides with that tenant, but only if such disability can 161
210	211		be expected to result in death or to last for a continuous period of at least 162
211	212		twelve months. 163
212	213		(2) With respect to tenants in common interest communities, this 164
213	214		section applies only to (A) a conversion tenant, as defined in subsection 165
214	215		(3) of section 47-283, who (i) is described in subdivision (1) of this 166
215	216		subsection, or (ii) is not described in subdivision (1) of this subsection 167
216	217		but, during a transition period, as defined in subsection (4) of section 47-168
217	218		283, is residing in a conversion condominium created after May 6, 1980, 169
218	219		or in any other conversion common interest community created after 170
219		-	December 31, 1982, or (iii) is not described in subdivision (1) of this 171
220		-	subsection but is otherwise protected as a conversion tenant by public 172 Substitute Bill No. 5234
	220	+	December 31, 1982, or (iii) is not described in subdivision (1) of this 171 Raised Bill No. 5234
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227		-	act 80-370, and (B) a tenant who is not a conversion tenant but who is 173
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	225	+
	226	+	subsection but is otherwise protected as a conversion tenant by public 172
	227	+	act 80-370*, and (B) a tenant who is not a conversion tenant but who is 173
228	228		described in subdivision (1) of this subsection if his landlord owns five 174
229	229		or more dwelling units in the common interest community in which the 175
230	230		dwelling unit is located. 176
231	231		(3) As used in this section, "tenant" includes each resident of a mobile 177
232	232		manufactured home park, as defined in section 21-64, including a 178
233	233		resident who owns his own home, "landlord" includes a "licensee" and 179
234	234		an "owner" of a mobile manufactured home park, as defined in section 180
235	235		21-64, "complex" means two or more buildings on the same or 181
236	236		contiguous parcels of real property under the same ownership, and 182
237	237		"mobile manufactured home park" means a parcel of real property, or 183
238	238		contiguous parcels of real property under the same ownership, upon 184
239	239		which five or more mobile manufactured homes occupied for 185
240	240		residential purposes are located. 186
241	241		(b) (1) No landlord may bring an action of summary process or other 187
242	242		action to dispossess a tenant described in subsection (a) of this section 188
243	243		except for one or more of the following reasons: (A) Nonpayment of 189
244	244		rent; (B) refusal to agree to a fair and equitable rent increase, as defined 190
245	245		in subsection (c) of this section; (C) material noncompliance with section 191
246	246		47a-11 or subsection (b) of section 21-82, which materially affects the 192
247	247		health and safety of the other tenants or which materially affects the 193
248	248		physical condition of the premises; (D) voiding of the rental agreement 194
249	249		pursuant to section 47a-31, or material noncompliance with the rental 195
250	250		agreement; (E) material noncompliance with the rules and regulations 196
251	251		of the landlord adopted in accordance with section 47a-9 or 21-70; (F) 197
252	252		permanent removal by the landlord of the dwelling unit of such tenant 198
253	253		from the housing market; or (G) bona fide intention by the landlord to 199
254	254		use such dwelling unit as his principal residence. 200
255	255		(2) The ground stated in subparagraph (G) of subdivision (1) of this 201
256	256		subsection is not available to the owner of a dwelling unit in a common 202
257		-	interest community occupied by a conversion tenant. 203
258		-	(3) A tenant may not be dispossessed for a reason described in 204 Substitute Bill No. 5234
	257	+	interest community occupied by a conversion tenant. 203 Raised Bill No. 5234
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	261	+	LCO No. 1738 8 of 14
	262	+
	263	+	(3) A tenant may not be dispossessed for a reason described in 204
265	264		subparagraph (B), (F) or (G) of subdivision (1) of this subsection during 205
266	265		the term of any existing rental agreement. 206
267	266		(c) (1) The rent of a tenant protected by this section may be increased 207
268	267		only to the extent that such increase is fair and equitable, based on the 208
269	268		criteria set forth in section 7-148c. 209
270	269		(2) Any such tenant aggrieved by a rent increase or proposed rent 210
271	270		increase may file a complaint with the fair rent commission, if any, for 211
272	271		the town, city or borough where his dwelling unit or mobile 212
273	272		manufactured home park lot is located; or, if no such fair rent 213
274	273		commission exists, may bring an action in the Superior Court to contest 214
275	274		the increase. In any such court proceeding, the court shall determine 215
276	275		whether the rent increase is fair and equitable, based on the criteria set 216
277	276		forth in section 7-148c. 217
278	277		(d) A landlord, to determine whether a tenant is a protected tenant, 218
279	278		as described in subdivision (1) of subsection (a) of this section, may 219
280	279		request proof of such protected status. On such request, any tenant 220
281	280		claiming protection shall provide proof of the protected status within 221
282	281		thirty days. The proof shall include a statement of a physician or an 222
283	282		advanced practice registered nurse in the case of alleged blindness or 223
284	283		other physical disability. 224
285	284		(e) (1) On and after January 1, 2023, whenever a dwelling unit is 225
286	285		rented to, or a rental agreement is entered into or renewed with, any 226
287	286		tenant who is a protected tenant as described in subdivision (1) of 227
288	287		subsection (a) of this section, the landlord of such dwelling unit or such 228
289	288		landlord's agent shall provide such protected tenant with written notice 229
290	289		of the provisions of subsections (b) and (c) of this section in a form as 230
291	290		described in subdivision (2) of this subsection. 231
292	291		(2) Not later than January 1, 2023, the Commissioner of Housing shall 232
293	292		create a notice which shall be used by landlords, pursuant to 233
294	293		subdivision (1) of this subsection, to inform a protected tenant of the 234
295		-	rights provided under subsections (b) and (c) of this section. Such notice 235 ~~Substitute~~ Bill No. 5234
	294	+	rights provided under subsections (b) and (c) of this section. Such notice 235 Raised Bill No. 5234
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	298	+	LCO No. 1738 9 of 14
301	299
302	300		shall be a one-page, plain-language summary of such rights and shall be 236
303	301		available in languages other than English, as determined by the 237
304	302		commissioner. Not later than January 1, 2023, such notice shall be posted 238
305	303		on the Department of Housing Internet web site. 239
306		-	Sec. 5. Section 47a-1 of the 2022 supplement to the general statutes is 240
307		-	repealed and the following is substituted in lieu thereof (Effective October 241
308		-	1, 2022): 242
309		-	As used in this chapter, sections 2, 3 and 6 of this act and sections 47a-243
310		-	21, as amended by this act, 47a-23 to 47a-23c, inclusive, as amended by 244
311		-	this act, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-245
312		-	41a, 47a-43 and 47a-46 and section 47a-7b: 246
313		-	(a) "Action" includes recoupment, counterclaim, set-off, cause of 247
314		-	action and any other proceeding in which rights are determined, 248
315		-	including an action for possession. 249
316		-	(b) "Building and housing codes" include any law, ordinance or 250
317		-	governmental regulation concerning fitness for habitation or the 251
318		-	construction, maintenance, operation, occupancy, use or appearance of 252
319		-	any premises or dwelling unit. 253
320		-	(c) "Dwelling unit" means any house or building, or portion thereof, 254
321		-	which is occupied, is designed to be occupied, or is rented, leased or 255
322		-	hired out to be occupied, as a home or residence of one or more persons. 256
323		-	(d) "Landlord" means the owner, lessor or sublessor of the dwelling 257
324		-	unit, the building of which it is a part or the premises. 258
325		-	(e) "Owner" means one or more persons, jointly or severally, in whom 259
326		-	is vested (1) all or part of the legal title to property, or (2) all or part of 260
327		-	the beneficial ownership and a right to present use and enjoyment of the 261
328		-	premises and includes a mortgagee in possession. 262
329		-	(f) "Person" means an individual, corporation, limited liability 263
330		-	company, the state or any political subdivision thereof, or agency, 264 Substitute Bill No. 5234
	304	+	Sec. 5. (NEW) (Effective October 1, 2022) Any landlord of a dwelling 240
	305	+	unit located in a building that is subject to a pending foreclosure 241
	306	+	proceeding, or where a judgment has been entered against the owner or 242
	307	+	landlord in a foreclosure proceeding, shall provide any prospective 243
	308	+	tenant of such dwelling unit with written notice of such pending 244
	309	+	foreclosure proceeding or judgment. 245
	310	+	Sec. 6. (NEW) (Effective October 1, 2022) (a) Any owner of property 246
	311	+	containing a dwelling unit that is subject to a pending foreclosure 247
	312	+	proceeding shall provide written notice of such proceeding to the 248
	313	+	Commissioner of Housing, the chief executive officer of the 249
	314	+	municipality in which such property is located and to all tenants 250
	315	+	residing in such dwelling unit, not later than ten days after receiving 251
	316	+	notice of such foreclosure proceeding. Not later than ten business days 252
	317	+	after receipt of any such notice, the Commissioner of Housing shall 253
	318	+	cause such notice to be posted on the Internet web site of the 254
	319	+	department. 255
	320	+	(b) Any tenant receiving notice of such foreclosure proceeding may 256
	321	+	file an action under section 47a-14h of the general statutes, as amended 257
	322	+	by this act, to seek an order of the court appointing a receiver to collect 258
	323	+	rent until the foreclosure proceeding is resolved. 259
	324	+	Sec. 7. Subsections (a) and (b) of section 47a-14h of the general 260
	325	+	statutes are repealed and the following is substituted in lieu thereof 261
	326	+	(Effective October 1, 2022): 262
	327	+	(a) Any tenant who claims that the landlord has failed to perform his 263
	328	+	or her legal duties, as required by section 47a-7 or 47a-7a or subdivisions 264
	329	+	(1) to (13), inclusive, of subsection (a) of section 21-82 or that the 265
	330	+	property containing the dwelling unit that the tenant occupies is subject 266
	331	+	to a foreclosure proceeding, as described in section 6 of this act, may 267 Raised Bill No. 5234
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336	334
337		-	business trust, estate, trust, partnership or association, two or more 265
338		-	persons having a joint or common interest, and any other legal or 266
339		-	commercial entity. 267
340		-	(g) "Premises" means a dwelling unit and the structure of which it is 268
341		-	a part and facilities and appurtenances therein and grounds, areas and 269
342		-	facilities held out for the use of tenants generally or whose use is 270
343		-	promised to the tenant. 271
344		-	(h) "Rent" means all periodic payments to be made to the landlord 272
345		-	under the rental agreement. 273
346		-	(i) "Rental agreement" means all agreements, written or oral, and 274
347		-	valid rules and regulations adopted under section 47a-9 or subsection 275
348		-	(d) of section 21-70 embodying the terms and conditions concerning the 276
349		-	use and occupancy of a dwelling unit or premises. 277
350		-	(j) "Roomer" means a person occupying a dwelling unit, which unit 278
351		-	does not include a refrigerator, stove, kitchen sink, toilet and shower or 279
352		-	bathtub and one or more of these facilities are used in common by other 280
353		-	occupants in the structure. 281
354		-	(k) "Single-family residence" means a structure maintained and used 282
355		-	as a single dwelling unit. Notwithstanding that a dwelling unit shares 283
356		-	one or more walls with another dwelling unit or has a common parking 284
357		-	facility, it is a single-family residence if it has direct access to a street or 285
358		-	thoroughfare and does not share heating facilities, hot water equipment 286
359		-	or any other essential facility or service with any other dwelling unit. 287
360		-	(l) "Tenant" means the lessee, sublessee or person entitled under a 288
361		-	rental agreement to occupy a dwelling unit or premises to the exclusion 289
362		-	of others or as is otherwise defined by law. 290
363		-	(m) "Tenement house" means any house or building, or portion 291
364		-	thereof, which is rented, leased or hired out to be occupied, or is 292
365		-	arranged or designed to be occupied, or is occupied, as the home or 293
366		-	residence of three or more families, living independently of each other, 294 Substitute Bill No. 5234
	335	+	LCO No. 1738 10 of 14
	336	+
	337	+	institute an action in the superior court having jurisdiction over housing 268
	338	+	matters in the judicial district in which such tenant resides to obtain the 269
	339	+	relief authorized by this section, section 6 of this act and sections 47a-7a, 270
	340	+	47a-20 and 47a-68. No tenant may institute an action under this section 271
	341	+	if a valid notice to quit possession or occupancy based upon 272
	342	+	nonpayment of rent has been served on such tenant prior to the 273
	343	+	institution of an action under this section or if a valid notice to quit 274
	344	+	possession or occupancy based on any other ground has been served on 275
	345	+	such tenant prior to such tenant making the complaint to the agency 276
	346	+	referred to in subsection (b) of this section, provided any such notice to 277
	347	+	quit is still effective. 278
	348	+	(b) The action shall be instituted by filing a complaint, under oath, 279
	349	+	with the clerk of the court. The complaint shall allege (1) the name of the 280
	350	+	tenant; (2) the name of the landlord or, in a complaint concerning section 281
	351	+	6 of this act, the name of the owner; (3) the address of the premises; (4) 282
	352	+	the nature of the alleged violation of section 47a-7 or 47a-7a or 283
	353	+	subsection (a) of section 21-82 or a copy of the notice received under 284
	354	+	section 6 of this act; and (5) the dates when rent is due under the rental 285
	355	+	agreement and the amount due on such dates. [The] Unless the 286
	356	+	complaint is filed pursuant to section 6 of this act, the complaint shall 287
	357	+	also allege that at least twenty-one days prior to the date on which the 288
	358	+	complaint is filed, the tenant made a complaint concerning the premises 289
	359	+	to the municipal agency, in the municipality where the premises are 290
	360	+	located, responsible for enforcement of the housing code or, if no 291
	361	+	housing code exists, of the public health code, or to the agency 292
	362	+	responsible for enforcement of the code or ordinance alleged to have 293
	363	+	been violated, or to another municipal agency which referred such 294
	364	+	complaint to the municipal agency responsible for enforcement of such 295
	365	+	code or ordinance. In the case of a mobile manufactured home located 296
	366	+	in a mobile manufactured home park, such complaint may be made to 297
	367	+	the Commissioner of Consumer Protection. The entry fee shall be 298
	368	+	twenty-five dollars, which may be waived in accordance with section 299
	369	+	52-259b. Such entry fee shall be a taxable cost of the action. If, on the 300
	370	+	same day, more than one tenant from the same building or complex 301 Raised Bill No. 5234
367	371
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372	373
373		-	and doing their cooking upon the premises, and having a common right 295
374		-	in the halls, stairways or yards. 296
375		-	Sec. 6. (NEW) (Effective October 1, 2022) Any landlord shall provide, 297
376		-	at the time a tenant executes a rental agreement for any residential 298
377		-	dwelling unit owned by the landlord, an application for admission as 299
378		-	an elector to each tenant who is eligible to apply for admission as an 300
379		-	elector pursuant to section 9-12 of the general statutes.301
	374	+	LCO No. 1738 11 of 14
	375	+
	376	+	institutes an action under this section and pays the entry fee for such 302
	377	+	action, unless such fee is waived, the actions shall be treated as a single 303
	378	+	action. No recognizance or bond shall be required. 304
	379	+	Sec. 8. Subsection (e) of section 47a-14h of the general statutes is 305
	380	+	repealed and the following is substituted in lieu thereof (Effective October 306
	381	+	1, 2022): 307
	382	+	(e) [The] (1) Except as provided in subdivision (2) of this subsection, 308
	383	+	the complainant may seek and the court may order interim or final relief 309
	384	+	including, but not limited to, the following: [(1)] (A) An order 310
	385	+	compelling the landlord to comply with the landlord's duties under 311
	386	+	local, state or federal law; [(2)] (B) an order appointing a receiver to 312
	387	+	collect rent or to correct conditions in the property which violate local, 313
	388	+	state or federal law; [(3)] (C) an order staying other proceedings 314
	389	+	concerning the same property; [(4)] (D) an award of money damages, 315
	390	+	which may include a retroactive abatement of rent paid pursuant to 316
	391	+	subsection (h) of this section; and [(5)] (E) such other relief in law or 317
	392	+	equity as the court may deem proper. If the court orders a retroactive 318
	393	+	abatement of rent [pursuant to subdivision (4) of this subsection] under 319
	394	+	subparagraph (D) of this subdivision and all or a portion of the tenant's 320
	395	+	rent was deposited with the court pursuant to subsection (h) of this 321
	396	+	section by a housing authority, municipality, state agency or similar 322
	397	+	entity, any rent ordered to be returned shall be returned to the tenant 323
	398	+	and such entity in proportion to the amount of rent each deposited with 324
	399	+	the court pursuant to subsection (h) of this section. 325
	400	+	(2) For a complaint filed only under section 6 of this act, the 326
	401	+	complainant may seek, and the court may order relief limited to, an 327
	402	+	order appointing a receiver to collect rent during the pendency of the 328
	403	+	foreclosure proceeding. 329
	404	+	Sec. 9. Section 47a-1 of the 2022 supplement to the general statutes is 330
	405	+	repealed and the following is substituted in lieu thereof (Effective October 331
	406	+	1, 2022): 332
	407	+	As used in this chapter, sections 2, 5 and 6 of this act and sections 47a-333 Raised Bill No. 5234
	408	+
	409	+
	410	+
	411	+	LCO No. 1738 12 of 14
	412	+
	413	+	21, as amended by this act, 47a-23 to 47a-23c, inclusive, as amended by 334
	414	+	this act, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-335
	415	+	41a, 47a-43 and 47a-46 and section 47a-7b: 336
	416	+	(a) "Action" includes recoupment, counterclaim, set-off, cause of 337
	417	+	action and any other proceeding in which rights are determined, 338
	418	+	including an action for possession. 339
	419	+	(b) "Building and housing codes" include any law, ordinance or 340
	420	+	governmental regulation concerning fitness for habitation or the 341
	421	+	construction, maintenance, operation, occupancy, use or appearance of 342
	422	+	any premises or dwelling unit. 343
	423	+	(c) "Dwelling unit" means any house or building, or portion thereof, 344
	424	+	which is occupied, is designed to be occupied, or is rented, leased or 345
	425	+	hired out to be occupied, as a home or residence of one or more persons. 346
	426	+	(d) "Landlord" means the owner, lessor or sublessor of the dwelling 347
	427	+	unit, the building of which it is a part or the premises. 348
	428	+	(e) "Owner" means one or more persons, jointly or severally, in whom 349
	429	+	is vested (1) all or part of the legal title to property, or (2) all or part of 350
	430	+	the beneficial ownership and a right to present use and enjoyment of the 351
	431	+	premises and includes a mortgagee in possession. 352
	432	+	(f) "Person" means an individual, corporation, limited liability 353
	433	+	company, the state or any political subdivision thereof, or agency, 354
	434	+	business trust, estate, trust, partnership or association, two or more 355
	435	+	persons having a joint or common interest, and any other legal or 356
	436	+	commercial entity. 357
	437	+	(g) "Premises" means a dwelling unit and the structure of which it is 358
	438	+	a part and facilities and appurtenances therein and grounds, areas and 359
	439	+	facilities held out for the use of tenants generally or whose use is 360
	440	+	promised to the tenant. 361
	441	+	(h) "Rent" means all periodic payments to be made to the landlord 362
	442	+	under the rental agreement. 363 Raised Bill No. 5234
	443	+
	444	+
	445	+
	446	+	LCO No. 1738 13 of 14
	447	+
	448	+	(i) "Rental agreement" means all agreements, written or oral, and 364
	449	+	valid rules and regulations adopted under section 47a-9 or subsection 365
	450	+	(d) of section 21-70 embodying the terms and conditions concerning the 366
	451	+	use and occupancy of a dwelling unit or premises. 367
	452	+	(j) "Roomer" means a person occupying a dwelling unit, which unit 368
	453	+	does not include a refrigerator, stove, kitchen sink, toilet and shower or 369
	454	+	bathtub and one or more of these facilities are used in common by other 370
	455	+	occupants in the structure. 371
	456	+	(k) "Single-family residence" means a structure maintained and used 372
	457	+	as a single dwelling unit. Notwithstanding that a dwelling unit shares 373
	458	+	one or more walls with another dwelling unit or has a common parking 374
	459	+	facility, it is a single-family residence if it has direct access to a street or 375
	460	+	thoroughfare and does not share heating facilities, hot water equipment 376
	461	+	or any other essential facility or service with any other dwelling unit. 377
	462	+	(l) "Tenant" means the lessee, sublessee or person entitled under a 378
	463	+	rental agreement to occupy a dwelling unit or premises to the exclusion 379
	464	+	of others or as is otherwise defined by law. 380
	465	+	(m) "Tenement house" means any house or building, or portion 381
	466	+	thereof, which is rented, leased or hired out to be occupied, or is 382
	467	+	arranged or designed to be occupied, or is occupied, as the home or 383
	468	+	residence of three or more families, living independently of each other, 384
	469	+	and doing their cooking upon the premises, and having a common right 385
	470	+	in the halls, stairways or yards. 386
	471	+	Sec. 10. (NEW) (Effective October 1, 2022) As used in this section, 387
	472	+	"landlord", "tenant", "dwelling unit" and "rental agreement" have the 388
	473	+	same meaning as provided in section 47a-1 of the general statutes, as 389
	474	+	amended by this act. Any landlord shall provide, at the time a tenant 390
	475	+	executes a rental agreement for any residential dwelling unit owned by 391
	476	+	the landlord, an application for admission as an elector to each tenant 392
	477	+	who is eligible to apply for admission as an elector pursuant to section 393
	478	+	9-12 of the general statutes. 394 Raised Bill No. 5234
	479	+
	480	+
	481	+
	482	+	LCO No. 1738 14 of 14
	483	+
380	484		This act shall take effect as follows and shall amend the following
381	485		sections:
382	486
383	487		Section 1 October 1, 2022 47a-21(a) and (b)
384	488		Sec. 2 October 1, 2022 New section
385	489		Sec. 3 October 1, 2022 New section
386	490		Sec. 4 October 1, 2022 47a-23c
387		-	Sec. 5 October 1, 2022 ~~47a-1~~
	491	+	Sec. 5 October 1, 2022 New section
388	492		Sec. 6 October 1, 2022 New section
	493	+	Sec. 7 October 1, 2022 47a-14h(a) and (b)
	494	+	Sec. 8 October 1, 2022 47a-14h(e)
	495	+	Sec. 9 October 1, 2022 47a-1
	496	+	Sec. 10 October 1, 2022 New section
389	497
390		-	Statement of Legislative Commissioners:
391		-	Section 1(a)(3) was rewritten for clarity and consistency; in Sections
392		-	1(b)(1) and 1(b)(2), "coverage" was added for clarity and consistency; in
393		-	Section 1(b)(3), "requires" was changed to "would otherwise require" for
394		-	accuracy and "except as provided in subdivision (5) of this subsection"
395		-	was added for accuracy; in Section 2(a), "or their designees" was added
396		-	after "the landlord and tenant" for consistency, "on the walk-through
397		-	checklist" was added after "shall specifically note" for accuracy, and
398		-	"walk-through" was added before "checklist" for consistency; and
399		-	definitions were moved from Sections 2, 3 and 6 to a reference in Section
400		-	5, for consistency with standard drafting conventions.
401		-
402		-	HSG Joint Favorable Subst.
	498	+	Statement of Purpose:
	499	+	To (1) allow landlords to accept damage insurance in lieu of security
	500	+	deposits, (2) permit tenants to conduct a walk-through inspection of the
	501	+	dwelling unit prior to moving in, (3) limit fees a landlord may charge in
	502	+	connection with tenant screenings, (4) require landlords to provide
	503	+	written notice to certain protected tenants of their legal rights regarding
	504	+	evictions, (5) require landlords to provide notice of pending foreclosure
	505	+	actions to current and prospective tenants and allow current tenants to
	506	+	seek a court order appointing a receiver of rents, and (6) require that
	507	+	landlords provide tenants with voter registration forms upon the
	508	+	execution of any lease.
	509	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	510	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	511	+	underlined.]
403	512