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General Assembly Substitute Bill No. 5234
February Session, 2022
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supplement to the general statutes are repealed and the following is 2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, unless 8
otherwise specified. 9
(3) "Damage insurance" means a bond or commercial insurance 10
coverage in an amount not greater than may be required under 11
subsection (b) of this section and as specified in any rental agreement to 12
secure the performance by the tenant of the terms and conditions of such 13
rental agreement and to replace any requirement for a security deposit. 14
[(3)] (4) "Escrow account" means any account at a financial institution 15
which is not subject to execution by the creditors of the escrow agent 16 Substitute Bill No. 5234
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and includes a clients' funds account. 17
[(4)] (5) "Escrow agent" means the person in whose name an escrow 18
account is maintained. 19
[(5)] (6) "Financial institution" means any state bank and trust 20
company, national bank, savings bank, federal savings bank, savings 21
and loan association, and federal savings and loan association that is 22
located in this state. 23
[(6)] (7) "Forwarding address" means the address to which a security 24
deposit may be mailed for delivery to a former tenant. 25
[(7)] (8) "Landlord" means any landlord of residential real property, 26
and includes (A) any receiver; (B) any successor; and (C) any tenant who 27
sublets his premises. 28
[(8)] (9) "Receiver" means any person who is appointed or authorized 29
by any state, federal or probate court to receive rents from tenants, and 30
includes trustees, executors, administrators, guardians, conservators, 31
receivers, and receivers of rent. 32
[(9)] (10) "Rent receiver" means a receiver who lacks court 33
authorization to return security deposits and to inspect the premises of 34
tenants and former tenants. 35
[(10)] (11) "Residential real property" means real property containing 36
one or more residential units, including residential units not owned by 37
the landlord, and containing one or more tenants who paid a security 38
deposit. 39
[(11)] (12) "Security deposit" means any advance rental payment, or 40
any installment payment collected pursuant to section 47a-22a, except 41
an advance payment for the first month's rent or a deposit for a key or 42
any special equipment. 43
[(12)] (13) "Successor" means any person who succeeds to a landlord's 44 Substitute Bill No. 5234
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interest whether by purchase, foreclosure or otherwise and includes a 45
receiver. 46
[(13)] (14) "Tenant" means a tenant, as defined in section 47a-1, as 47
amended by this act, or a resident, as defined in section 21-64. 48
[(14)] (15) "Tenant's obligations" means (A) the amount of any rental 49
or utility payment due the landlord from a tenant; (B) a tenant's 50
obligations under the provisions of section 47a-11; and (C) the actual 51
reasonable cost of changing the locks of the dwelling unit pursuant to 52
section 47a-7b, if the tenant has not paid such cost. 53
(b) (1) In the case of a tenant under sixty-two years of age, a landlord 54
shall not demand a security deposit or damage insurance coverage in an 55
amount that exceeds two months' rent. 56
(2) In the case of a tenant sixty-two years of age or older, a landlord 57
shall not demand a security deposit or damage insurance coverage in an 58
amount that exceeds one month's rent. Any landlord who has received 59
a security deposit in an amount that exceeds one month's rent from a 60
tenant who becomes sixty-two years of age after paying such security 61
deposit shall return the portion of such security deposit that exceeds one 62
month's rent to the tenant upon the tenant's request. Any landlord who 63
has accepted damage insurance in lieu of a security deposit in an 64
amount that exceeds one month's rent from a tenant who attains sixty-65
two years of age after providing such damage insurance shall accept 66
replacement damage insurance from such tenant in an amount not to 67
exceed one months' rent. 68
(3) Any landlord may permit any tenant to provide damage 69
insurance in lieu of the payment of a security deposit. Such damage 70
insurance shall conform to the following criteria: (A) The insurance 71
company providing the damage insurance is licensed or authorized to 72
do business in this state, (B) the damage insurance policy permits the 73
monthly payment of premiums unless the tenant selects a different 74
payment schedule, (C) the damage insurance is effective upon the 75 Substitute Bill No. 5234
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payment of the first premium and remains effective for the entire lease 76
term except as provided in subdivision (5) of this subsection, (D) the 77
damage insurance coverage provided per claim is no less than the 78
amount the landlord would otherwise require for the security deposit, 79
(E) the insurance company providing the damage insurance agrees to 80
approve or deny payment of a claim in accordance with the Insurance 81
Department regulations of this state, and (F) the insurance company 82
providing the damage insurance shall notify the landlord in writing 83
within ten days if the damage insurance policy lapses or is canceled for 84
any reason. 85
(4) Any landlord may designate one or more insurance companies 86
from which the landlord will accept damage insurance in lieu of a 87
security deposit. Any such insurance companies shall be identified in 88
the written lease agreement between landlord and tenant. 89
(5) Any tenant who opts to provide damage insurance in lieu of a 90
security deposit may, at any time, opt to pay the full security deposit to 91
the landlord in lieu of maintaining the damage insurance policy. The 92
landlord shall not alter the terms of the lease in the event a tenant opts 93
to pay the full amount of the security deposit pursuant to this 94
subdivision. 95
Sec. 2. (NEW) (Effective October 1, 2022) (a) As used in this section, 96
"walk-through" means a joint physical inspection of the dwelling unit 97
by the landlord and the tenant, or their designees, for the purpose of 98
noting and listing any observed conditions within the dwelling unit. On 99
and after January 1, 2023, upon or after the entry into a rental agreement 100
but prior to the tenant's occupancy of a dwelling unit, a landlord shall 101
offer such tenant the opportunity to conduct a walk-through of the 102
dwelling unit. If the tenant requests such a walk-through, the landlord 103
and tenant, or their designees, shall use a copy of the preoccupancy 104
walk-through checklist prepared by the Commissioner of Housing 105
under subsection (c) of this section. The landlord and the tenant, or their 106
designees, shall specifically note on the walk-through checklist any 107
existing conditions, defects or damages to the dwelling unit present at 108 Substitute Bill No. 5234
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the time of the walk-through. After the walk-through, the landlord and 109
the tenant, or their designees, shall sign duplicate copies of the walk-110
through checklist and each shall receive a copy. 111
(b) Upon the tenant's vacating of the dwelling unit, the landlord may 112
not retain any part of the security deposit collected under chapter 831 of 113
the general statutes or seek payment from the tenant for any condition, 114
defect or damage that was noted in the preoccupancy walk-through 115
checklist. Such walk-through checklist shall be admissible, but shall not 116
be conclusive, as evidence of the condition of the dwelling unit at the 117
beginning of a tenant's occupancy in any administrative or judicial 118
proceeding. 119
(c) Not later than December 1, 2023, the Commissioner of Housing 120
shall (1) prepare a standardized preoccupancy walk-through checklist 121
for any landlord and tenant to use to document the condition of any 122
dwelling unit during a preoccupancy walk-through under subsection 123
(a) of this section, and (2) make such checklist available on the 124
Department of Housing Internet web site. 125
(d) The provisions of this section shall not apply to any tenancy under 126
a rental agreement entered into prior to January 1, 2023. 127
Sec. 3. (NEW) (Effective October 1, 2022) (a) As used in this section, 128
"tenant screening report" means a credit report, a criminal background 129
report, 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
associated with conducting a tenant screening report, provided the 139 Substitute Bill No. 5234
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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
subsection but is otherwise protected as a conversion tenant by public 172 Substitute Bill No. 5234
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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
(3) A tenant may not be dispossessed for a reason described in 204 Substitute Bill No. 5234
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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 Substitute 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. Section 47a-1 of the 2022 supplement to the general statutes is 240
repealed and the following is substituted in lieu thereof (Effective October 241
1, 2022): 242
As used in this chapter, sections 2, 3 and 6 of this act and sections 47a-243
21, as amended by this act, 47a-23 to 47a-23c, inclusive, as amended by 244
this act, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-245
41a, 47a-43 and 47a-46 and section 47a-7b: 246
(a) "Action" includes recoupment, counterclaim, set-off, cause of 247
action and any other proceeding in which rights are determined, 248
including an action for possession. 249
(b) "Building and housing codes" include any law, ordinance or 250
governmental regulation concerning fitness for habitation or the 251
construction, maintenance, operation, occupancy, use or appearance of 252
any premises or dwelling unit. 253
(c) "Dwelling unit" means any house or building, or portion thereof, 254
which is occupied, is designed to be occupied, or is rented, leased or 255
hired out to be occupied, as a home or residence of one or more persons. 256
(d) "Landlord" means the owner, lessor or sublessor of the dwelling 257
unit, the building of which it is a part or the premises. 258
(e) "Owner" means one or more persons, jointly or severally, in whom 259
is vested (1) all or part of the legal title to property, or (2) all or part of 260
the beneficial ownership and a right to present use and enjoyment of the 261
premises and includes a mortgagee in possession. 262
(f) "Person" means an individual, corporation, limited liability 263
company, the state or any political subdivision thereof, or agency, 264 Substitute Bill No. 5234
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business trust, estate, trust, partnership or association, two or more 265
persons having a joint or common interest, and any other legal or 266
commercial entity. 267
(g) "Premises" means a dwelling unit and the structure of which it is 268
a part and facilities and appurtenances therein and grounds, areas and 269
facilities held out for the use of tenants generally or whose use is 270
promised to the tenant. 271
(h) "Rent" means all periodic payments to be made to the landlord 272
under the rental agreement. 273
(i) "Rental agreement" means all agreements, written or oral, and 274
valid rules and regulations adopted under section 47a-9 or subsection 275
(d) of section 21-70 embodying the terms and conditions concerning the 276
use and occupancy of a dwelling unit or premises. 277
(j) "Roomer" means a person occupying a dwelling unit, which unit 278
does not include a refrigerator, stove, kitchen sink, toilet and shower or 279
bathtub and one or more of these facilities are used in common by other 280
occupants in the structure. 281
(k) "Single-family residence" means a structure maintained and used 282
as a single dwelling unit. Notwithstanding that a dwelling unit shares 283
one or more walls with another dwelling unit or has a common parking 284
facility, it is a single-family residence if it has direct access to a street or 285
thoroughfare and does not share heating facilities, hot water equipment 286
or any other essential facility or service with any other dwelling unit. 287
(l) "Tenant" means the lessee, sublessee or person entitled under a 288
rental agreement to occupy a dwelling unit or premises to the exclusion 289
of others or as is otherwise defined by law. 290
(m) "Tenement house" means any house or building, or portion 291
thereof, which is rented, leased or hired out to be occupied, or is 292
arranged or designed to be occupied, or is occupied, as the home or 293
residence of three or more families, living independently of each other, 294 Substitute Bill No. 5234
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and doing their cooking upon the premises, and having a common right 295
in the halls, stairways or yards. 296
Sec. 6. (NEW) (Effective October 1, 2022) Any landlord shall provide, 297
at the time a tenant executes a rental agreement for any residential 298
dwelling unit owned by the landlord, an application for admission as 299
an elector to each tenant who is eligible to apply for admission as an 300
elector pursuant to section 9-12 of the general statutes.301
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 47a-1
Sec. 6 October 1, 2022 New section
Statement of Legislative Commissioners:
Section 1(a)(3) was rewritten for clarity and consistency; in Sections
1(b)(1) and 1(b)(2), "coverage" was added for clarity and consistency; in
Section 1(b)(3), "requires" was changed to "would otherwise require" for
accuracy and "except as provided in subdivision (5) of this subsection"
was added for accuracy; in Section 2(a), "or their designees" was added
after "the landlord and tenant" for consistency, "on the walk-through
checklist" was added after "shall specifically note" for accuracy, and
"walk-through" was added before "checklist" for consistency; and
definitions were moved from Sections 2, 3 and 6 to a reference in Section
5, for consistency with standard drafting conventions.
HSG Joint Favorable Subst.