Connecticut 2022 Regular Session

Connecticut House Bill HB05344 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	6		General Assembly Raised Bill No. 5344
8	7		February Session, 2022
9	8		LCO No. 1483
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12	11		Referred to Committee on HOUSING
13	12
14	13
15	14		Introduced by:
16	15		(HSG)
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20	20		AN ACT CONCERNING ADVANCE RENTAL PAYMENTS.
21	21		Be it enacted by the Senate and House of Representatives in General
22	22		Assembly convened:
23	23
24	24		Section 1. Section 47a-21 of the 2022 supplement to the general 1
25	25		statutes is repealed and the following is substituted in lieu thereof 2
26	26		(Effective October 1, 2022): 3
27	27		(a) As used in this chapter: 4
28	28		(1) "Accrued interest" means the interest due on a security deposit as 5
29	29		provided in subsection [(i)] (h) of this section, compounded annually to 6
30	30		the extent applicable. 7
31	31		(2) "Commissioner" means the Banking Commissioner. 8
32	32		(3) "Escrow account" means any account at a financial institution 9
33	33		which is not subject to execution by the creditors of the escrow agent 10
34	34		and includes a clients' funds account. 11
35	35		(4) "Escrow agent" means the person in whose name an escrow 12
36	36		account is maintained. 13 Raised Bill No. 5344
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43	42		(5) "Financial institution" means any state bank and trust company, 14
44	43		national bank, savings bank, federal savings bank, savings and loan 15
45	44		association, and federal savings and loan association that is located in 16
46	45		this state. 17
47	46		(6) "Forwarding address" means the address to which a security 18
48	47		deposit may be mailed for delivery to a former tenant. 19
49	48		(7) "Landlord" means any landlord of residential real property, and 20
50	49		includes (A) any receiver; (B) any successor; and (C) any tenant who 21
51	50		sublets his premises. 22
52	51		(8) "Receiver" means any person who is appointed or authorized by 23
53	52		any state, federal or probate court to receive rents from tenants, and 24
54	53		includes trustees, executors, administrators, guardians, conservators, 25
55	54		receivers, and receivers of rent. 26
56	55		(9) "Rent receiver" means a receiver who lacks court authorization to 27
57	56		return security deposits and to inspect the premises of tenants and 28
58	57		former tenants. 29
59	58		(10) "Residential real property" means real property containing one 30
60	59		or more residential units, including residential units not owned by the 31
61	60		landlord, and containing one or more tenants who paid a security 32
62	61		deposit. 33
63	62		(11) "Security deposit" means any advance rental payment, or any 34
64	63		installment payment collected pursuant to section 47a-22a, except an 35
65	64		advance payment for the first month's rent or a deposit for a key or any 36
66	65		special equipment. 37
67	66		(12) "Successor" means any person who succeeds to a landlord's 38
68	67		interest whether by purchase, foreclosure or otherwise and includes a 39
69	68		receiver. 40
70	69		(13) "Tenant" means a tenant, as defined in section 47a-1, or a resident, 41
71	70		as defined in section 21-64. 42 Raised Bill No. 5344
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78	76		(14) "Tenant's obligations" means (A) the amount of any rental or 43
79	77		utility payment due the landlord from a tenant; (B) a tenant's obligations 44
80	78		under the provisions of section 47a-11; and (C) the actual reasonable cost 45
81	79		of changing the locks of the dwelling unit pursuant to section 47a-7b, if 46
82	80		the tenant has not paid such cost. 47
83	81		[(b) (1) In the case of a tenant under sixty-two years of age, a landlord 48
84	82		shall not demand a security deposit in an amount that exceeds two 49
85	83		months' rent. 50
86	84		(2) In the case of a tenant sixty-two years of age or older, a landlord 51
87	85		shall not demand a security deposit in an amount that exceeds one 52
88	86		month's rent. Any landlord who has received a security deposit in an 53
89	87		amount that exceeds one month's rent from a tenant who becomes sixty-54
90	88		two years of age after paying such security deposit shall return the 55
91	89		portion of such security deposit that exceeds one month's rent to the 56
92	90		tenant upon the tenant's request.] 57
93	91		[(c)] (b) Any security deposit paid by a tenant shall remain the 58
94	92		property of such tenant in which the landlord shall have a security 59
95	93		interest, as defined in subdivision (35) of subsection (b) of section 42a-1-60
96	94		201, to secure such tenant's obligations. A security deposit shall be 61
97	95		exempt from attachment and execution by the creditors of the landlord 62
98	96		and shall not be considered part of the estate of the landlord in any legal 63
99	97		proceeding. Any voluntary or involuntary transfer of a landlord's 64
100	98		interest in residential real property to a successor shall constitute an 65
101	99		assignment to such successor of such landlord's security interest in all 66
102	100		security deposits paid by tenants of such transferred residential real 67
103	101		property. 68
104	102		[(d)] (c) (1) Not later than the time specified in subdivision (2) of this 69
105	103		subsection, the person who is the landlord at the time a tenancy is 70
106	104		terminated, other than a rent receiver, shall pay to the tenant or former 71
107	105		tenant: (A) The amount of any security deposit that was deposited by 72
108	106		the tenant with the person who was landlord at the time such security 73
109	107		deposit was deposited less the value of any damages that any person 74 Raised Bill No. 5344
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116	113		who was a landlord of such premises at any time during the tenancy of 75
117	114		such tenant has suffered as a result of such tenant's failure to comply 76
118	115		with such tenant's obligations; and (B) any accrued interest. If the 77
119	116		landlord at the time of termination of a tenancy is a rent receiver, such 78
120	117		rent receiver shall return security deposits in accordance with the 79
121	118		provisions of subdivision (3) of this subsection. 80
122	119		(2) Upon termination of a tenancy, any tenant may notify the landlord 81
123	120		in writing of such tenant's forwarding address. Not later than thirty 82
124	121		days after termination of a tenancy or fifteen days after receiving written 83
125	122		notification of such tenant's forwarding address, whichever is later, each 84
126	123		landlord other than a rent receiver shall deliver to the tenant or former 85
127	124		tenant at such forwarding address either (A) the full amount of the 86
128	125		security deposit paid by such tenant plus accrued interest, or (B) the 87
129	126		balance of such security deposit and accrued interest after deduction for 88
130	127		any damages suffered by such landlord by reason of such tenant's 89
131	128		failure to comply with such tenant's obligations, together with a written 90
132	129		statement itemizing the nature and amount of such damages. Any 91
133	130		landlord who violates any provision of this subsection shall be liable for 92
134	131		twice the amount of any security deposit paid by such tenant, except 93
135	132		that, if the only violation is the failure to deliver the accrued interest, 94
136	133		such landlord shall be liable for ten dollars or twice the amount of the 95
137	134		accrued interest, whichever is greater. 96
138	135		(3) (A) Any receiver who is authorized by a court to return security 97
139	136		deposits and to inspect the premises of any tenant shall pay security 98
140	137		deposits and accrued interest in accordance with the provisions of 99
141	138		subdivisions (1) and (2) of this subsection from the operating income of 100
142	139		such receivership to the extent that any such payments exceed the 101
143	140		amount in any escrow accounts for such tenants. (B) Any rent receiver 102
144	141		shall present any claim by any tenant for return of a security deposit to 103
145	142		the court which authorized the rent receiver. Such court shall determine 104
146	143		the validity of any such claim and shall direct such rent receiver to pay 105
147	144		from the escrow account or from the operating income of such property 106
148	145		the amount due such tenant as determined by such court. 107 Raised Bill No. 5344
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155	151		[(e)] (d) A successor, other than a receiver, shall be liable for the 108
156	152		claims of tenants of such property for return of any part of such security 109
157	153		deposit which is or becomes due to such tenant during the time such 110
158	154		successor is a landlord. A receiver's liability for payment of security 111
159	155		deposits and interest under this section shall be limited to the balance in 112
160	156		any escrow account for such tenants maintained by such receiver in such 113
161	157		receivership in accordance with subsection [(h)] (g) of this section and 114
162	158		to the operating income generated in such receivership. 115
163	159		[(f)] (e) Any landlord who is not a resident of this state shall appoint 116
164	160		in writing the Secretary of the State as the landlord's attorney upon 117
165	161		whom all process in any action or proceeding against such landlord may 118
166	162		be served. 119
167	163		[(g)] (f) Any person may bring an action in replevin or for money 120
168	164		damages in any court of competent jurisdiction to reclaim any part of 121
169	165		such person's security deposit which may be due. This section does not 122
170	166		preclude the landlord or tenant from recovering other damages to 123
171	167		which the landlord or tenant may be entitled. 124
172	168		[(h)] (g) (1) Each landlord shall immediately deposit the entire 125
173	169		amount of any security deposit received by such landlord from each 126
174	170		tenant into one or more escrow accounts established or maintained in a 127
175	171		financial institution for the benefit of each tenant. Each landlord shall 128
176	172		maintain each such account as escrow agent and shall not withdraw 129
177	173		funds from such account except as provided in subdivision (2) of this 130
178	174		subsection. 131
179	175		(2) The escrow agent may withdraw funds from an escrow account 132
180	176		to: (A) Disburse the amount of any security deposit and accrued interest 133
181	177		due to a tenant pursuant to subsection [(d)] (c) of this section; (B) 134
182	178		disburse interest to a tenant pursuant to subsection [(i)] (h) of this 135
183	179		section; (C) make a transfer of the entire amount of certain security 136
184	180		deposits pursuant to subdivision (3) of this subsection; (D) retain 137
185	181		interest credited to the account in excess of the amount of interest 138
186	182		payable to the tenant under subsection [(i)] (h) of this section; (E) retain 139 Raised Bill No. 5344
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193	188		all or any part of a security deposit and accrued interest after 140
194	189		termination of tenancy equal to the damages suffered by the landlord 141
195	190		by reason of the tenant's failure to comply with such tenant's 142
196	191		obligations; (F) disburse all or any part of the security deposit to a tenant 143
197	192		at any time during tenancy; or (G) transfer such funds to another 144
198	193		financial institution or escrow account, provided such funds remain 145
199	194		continuously in an escrow account. 146
200	195		(3) (A) Whenever any real estate is voluntarily or involuntarily 147
201	196		transferred from a landlord, other than a receiver, to a successor, 148
202	197		including a receiver, such landlord shall withdraw from the escrow 149
203	198		account and deliver to the successor the entire amount of security 150
204	199		deposits paid by tenants of the property being transferred, plus any 151
205	200		interest accrued pursuant to subsection [(i)] (h) of this section. If at the 152
206	201		time of transfer of such real estate the funds in such account are 153
207	202		commingled with security deposits paid by tenants in real estate not 154
208	203		being transferred to such successor, and if at such time the funds in such 155
209	204		account are less than the amount of security deposits paid by all tenants 156
210	205		whose security deposits are contained in such account, such landlord 157
211	206		shall deliver to such successor a pro rata share of security deposits paid 158
212	207		by tenants of the real estate being transferred to such successor. (B) 159
213	208		Whenever any real estate is transferred from a receiver to a successor, 160
214	209		such receiver shall dispose of the escrow accounts as ordered by the 161
215	210		court which appointed such receiver. The order of such court shall 162
216	211		provide for the priority of the present and future rights of tenants to 163
217	212		security deposits paid by them over the rights of any secured or 164
218	213		unsecured creditor of any person and shall provide that the funds in 165
219	214		such account shall be delivered to the successor of such receiver for 166
220	215		immediate deposit in an escrow account for tenants who paid security 167
221	216		deposits. 168
222	217		(4) (A) The landlord shall provide each tenant with a written notice 169
223	218		stating the amount held for the benefit of the tenant and the name and 170
224	219		address of the financial institution at which the tenant's security deposit 171
225		-	is being held not later than thirty days after the landlord receives a 172 Raised Bill No. 5344
	220	+	is being held not later than thirty days after the landlord receives a 172
	221	+	security deposit from the tenant or the tenant's previous landlord or 173 Raised Bill No. 5344
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232		-	security deposit from the tenant or the tenant's previous landlord or 173
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233	227		transfers the security deposit to another financial institution or escrow 174
234	228		account. 175
235	229		(B) If the commissioner makes a written request to the landlord for 176
236	230		any information related to a tenant's security deposit, including the 177
237	231		name of each financial institution in which any escrow account is 178
238	232		maintained and the account number of each escrow account, the 179
239	233		landlord shall provide such information to the commissioner not later 180
240	234		than seven days after the request is made. 181
241	235		[(i)] (h) On and after July 1, 1993, each landlord other than a landlord 182
242	236		of a residential unit in any building owned or controlled by any 183
243	237		educational institution and used by such institution for the purpose of 184
244	238		housing students of such institution and their families, and each 185
245	239		landlord or owner of a mobile manufactured home or of a mobile 186
246	240		manufactured home space or lot or park, as such terms are defined in 187
247	241		subdivisions (1), (2) and (3) of section 21-64, shall pay interest on each 188
248	242		security deposit received by such landlord at a rate of not less than the 189
249	243		average rate paid, as of December 30, 1992, on savings deposits by 190
250	244		insured commercial banks as published in the Federal Reserve Board 191
251	245		Bulletin rounded to the nearest one-tenth of one percentage point, 192
252	246		except in no event shall the rate be less than one and one-half per cent. 193
253	247		On and after January 1, 1994, the rate for each calendar year shall be not 194
254	248		less than the deposit index, determined under this section as it was in 195
255	249		effect during such year. On and after January 1, 2012, the rate for each 196
256	250		calendar year shall be not less than the deposit index, as defined in 197
257	251		section 36a-26, for that year. On the anniversary date of the tenancy and 198
258	252		annually thereafter, such interest shall be paid to the tenant or resident 199
259	253		or credited toward the next rental payment due from the tenant or 200
260	254		resident, as the landlord or owner shall determine. If the tenancy is 201
261	255		terminated before the anniversary date of such tenancy, or if the 202
262	256		landlord or owner returns all or part of a security deposit prior to 203
263	257		termination of the tenancy, the landlord or owner shall pay the accrued 204
264		-	interest to the tenant or resident not later than thirty days after such 205 Raised Bill No. 5344
	258	+	interest to the tenant or resident not later than thirty days after such 205
	259	+	termination or return. Interest shall not be paid to a tenant for any 206
	260	+	month in which the tenant has been delinquent for more than ten days 207 Raised Bill No. 5344
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271		-	~~termination or return~~. ~~Interest shall not be paid to a tenant for any 206~~
272		-	~~month in which the tenant has been delinquent for more than ten days 207~~
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273	266		in the payment of any monthly rent, unless the landlord imposes a late 208
274	267		charge for such delinquency. No landlord shall increase the rent due 209
275	268		from a tenant because of the requirement that the landlord pay on 210
276	269		interest the security deposit. 211
277	270		[(j)] (i) (1) Except as provided in subdivision (2) of this subsection, the 212
278	271		commissioner may receive and investigate complaints regarding any 213
279	272		alleged violation of [subsections (b), (d), (h) or (i)] subsection (c), (g) or 214
280	273		(h) of this section. For the purposes of such investigation, any person 215
281	274		who is or was a landlord shall be subject to the provisions of section 36a-216
282	275		17. If the commissioner determines that any landlord has violated any 217
283	276		provision of this section over which the commissioner has jurisdiction, 218
284	277		the commissioner may, in accordance with section 36a-52, order such 219
285	278		person to cease and desist from such practices and to comply with the 220
286	279		provisions of this section. 221
287	280		(2) The commissioner shall not have jurisdiction over (A) the failure 222
288	281		of a landlord to pay interest to a tenant annually under subsection [(i)] 223
289	282		(h) of this section, or (B) the refusal or other failure of the landlord to 224
290	283		return all or part of the security deposit if such failure results from the 225
291	284		landlord's good faith claim that such landlord has suffered damages as 226
292	285		a result of a tenant's failure to comply with such tenant's obligations, 227
293	286		regardless of whether the existence or amount of the alleged damages is 228
294	287		disputed by the tenant. For purposes of this section, "good faith claim" 229
295	288		means a claim for actual damages suffered by the landlord for which 230
296	289		written notification of such damages has been provided to the tenant in 231
297	290		accordance with the provisions of subdivision (2) of subsection [(d)] (c) 232
298	291		of this section. 233
299	292		(3) The commissioner may adopt regulations, in accordance with 234
300	293		chapter 54, to carry out the purposes of this section. 235
301	294		[(k)] (j) (1) Any person who is a landlord at the time of termination of 236
302		-	a tenancy and who knowingly and wilfully fails to pay all or any part of 237 Raised Bill No. 5344
	295	+	a tenancy and who knowingly and wilfully fails to pay all or any part of 237
	296	+	a security deposit when due shall be subject to a fine of not more than 238
	297	+	two hundred fifty dollars for each offense, provided it shall be an 239 Raised Bill No. 5344
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309		-	~~a security deposit when due shall be subject to a fine~~ of ~~not more than 238~~
310		-	~~two hundred fifty dollars for each offense, provided it shall be an 239~~
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311	303		affirmative defense under this subdivision that such failure was caused 240
312	304		by such landlord's good faith belief that he was entitled to deduct the 241
313	305		value of damages he has suffered as a result of such tenant's failure to 242
314	306		comply with such tenant's obligations. 243
315	307		(2) Any person who knowingly and wilfully violates the provisions 244
316	308		of subsection [(h)] (g) of this section on or after October 1, 1979, shall be 245
317	309		subject to a fine of not more than five hundred dollars or imprisonment 246
318	310		of not more than thirty days or both for each offense. It shall be an 247
319	311		affirmative defense under the provisions of this subdivision that at the 248
320	312		time of the offense, such person leased residential real property to fewer 249
321	313		than four tenants who paid a security deposit. 250
322	314		(3) Any person who is a landlord at the time an interest payment is 251
323	315		due under the provisions of subsection [(i)] (h) of this section and who 252
324	316		knowingly and wilfully violates the provisions of such subsection shall 253
325	317		be subject to a fine of not more than one hundred dollars for each 254
326	318		offense. 255
327	319		(4) No financial institution shall be liable for any violation of this 256
328	320		section except for any violation in its capacity as a landlord. 257
329	321		[(l)] (k) Nothing in this section shall be construed as a limitation upon: 258
330	322		(1) The power or authority of the state, the Attorney General or the 259
331	323		commissioner to seek administrative, legal or equitable relief permitted 260
332	324		by the general statutes or at common law; or (2) the right of any tenant 261
333	325		to bring a civil action permitted by the general statutes or at common 262
334	326		law. 263
335	327		Sec. 2. Subsection (c) of section 17b-93 of the 2022 supplement to the 264
336	328		general statutes is repealed and the following is substituted in lieu 265
337	329		thereof (Effective October 1, 2022): 266
338	330		(c) No claim, except a claim required to be made under federal law, 267
339		-	shall be made, or lien applied, against any payment made pursuant to 268 Raised Bill No. 5344
	331	+	shall be made, or lien applied, against any payment made pursuant to 268
	332	+	chapter 135, any payment made pursuant to section 47-88d or 47-287, 269
	333	+	any moneys received as a settlement or award in a housing or 270 Raised Bill No. 5344
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346		-	~~chapter 135,~~ ~~any payment made pursuant to section 47-88d~~ ~~or 47-287, 269~~
347		-	~~any moneys received as a settlement or award in a housing or 270~~
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348	339		employment or public accommodation discrimination case or in any 271
349	340		action brought by a tenant or occupant or former tenant or occupant 272
350	341		against an owner or lessor of a residential premises or manufactured 273
351	342		mobile home park, any court-ordered retroactive rent abatement, 274
352	343		including any made pursuant to subsection (e) of section 47a-14h or 275
353	344		section 47a-4a, 47a-5 or 47a-57, or any security deposit refund pursuant 276
354	345		to subsection [(d)] (c) of section 47a-21, as amended by this act, as paid 277
355	346		to a beneficiary of assistance under the state supplement program, 278
356	347		medical assistance program, aid to families with dependent children 279
357	348		program, temporary family assistance program or state-administered 280
358	349		general assistance program or paid to any person who has been 281
359	350		supported wholly, or in part, by the state, in accordance with section 282
360	351		17b-223, in a humane institution. 283
361	352		Sec. 3. Section 17b-114 of the general statutes is repealed and the 284
362	353		following is substituted in lieu thereof (Effective October 1, 2022): 285
363	354		Subject to federal approval, as a condition of receiving a special need 286
364	355		benefit to cover the cost of a security deposit, a recipient of assistance 287
365	356		under the temporary family assistance program or the state -288
366	357		administered general assistance program or the program of state 289
367	358		supplementation to the Supplemental Security Income Program shall 290
368	359		sign an agreement with the Commissioner of Social Services stating that 291
369	360		the security deposit and accrued interest, less the value of any damages 292
370	361		suffered by the landlord due to the recipient's failure to comply with his 293
371	362		obligations as a tenant pursuant to section 47a-21, as amended by this 294
372	363		act, shall be paid by the landlord to the Department of Social Services 295
373	364		when the recipient vacates the housing for which the deposit is paid. 296
374	365		The recipient shall notify the commissioner of the date such housing is 297
375	366		vacated. If the landlord claims the right to withhold all or part of the 298
376	367		security deposit or interest, the landlord shall comply with the 299
377	368		applicable provisions of section 47a-21, as amended by this act, except 300
378		-	any notice required shall be sent to the tenant and to the Commissioner 301 Raised Bill No. 5344
	369	+	any notice required shall be sent to the tenant and to the Commissioner 301
	370	+	of Social Services. If the landlord fails to return the deposit to the 302
	371	+	Department of Social Services or to account to the department for any 303
	372	+	amount withheld within the time limits set forth in section 47a-21, as 304 Raised Bill No. 5344
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384	375
385		-	of Social Services. If the landlord fails to return the deposit to the 302
386		-	Department of Social Services or to account to the department for any 303
387		-	amount withheld within the time limits set forth in section 47a-21, as 304
	376	+	LCO No. 1483 11 of 13
	377	+
388	378		amended by this act, the department may refer the matter to the 305
389	379		Department of Administrative Services for payment to the state of the 306
390	380		deposit, interest and such other damages as are available to tenants 307
391	381		under said section. Notwithstanding the provisions of subsection [(d)] 308
392	382		(c) of section 47a-21, as amended by this act, for purposes of taking such 309
393	383		action on behalf of the state, the Department of Administrative Services 310
394	384		is not required to give notice of a forwarding address. A recipient of a 311
395	385		special need benefit to cover the cost of a security deposit who agrees 312
396	386		the deposit shall be returned to the department pursuant to this section 313
397	387		shall be eligible for a subsequent such special need benefit at any time 314
398	388		the recipient meets the eligibility criteria for the special need benefit for 315
399	389		emergency housing set forth in subsection (a) of section 17b-808. 316
400	390		Sec. 4. Subsection (c) of section 17b-129 of the general statutes is 317
401	391		repealed and the following is substituted in lieu thereof (Effective October 318
402	392		1, 2022): 319
403	393		(c) No claim shall be made, or lien applied, against any payment 320
404	394		made pursuant to chapter 135, any payment made pursuant to section 321
405	395		47-88d or 47-287, any moneys received as a settlement or award in a 322
406	396		housing or employment or public accommodation discrimination case, 323
407	397		any court-ordered retroactive rent abatement, including any made 324
408	398		pursuant to subsection (e) of section 47a-14h, or section 47a-4a, 47a-5 or 325
409	399		47a-57, or any security deposit refund pursuant to subsection [(d)] (c) of 326
410	400		section 47a-21, as amended by this act, paid to a beneficiary of assistance 327
411	401		under sections 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-328
412	402		138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, 329
413	403		inclusive, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689b and 17b-743 330
414	404		to 17b-747, inclusive. 331
415	405		Sec. 5. Subdivision (1) of subsection (a) of section 36a-32 of the general 332
416	406		statutes is repealed and the following is substituted in lieu thereof 333
417		-	(Effective October 1, 2022): 334 Raised Bill No. 5344
	407	+	(Effective October 1, 2022): 334
	408	+	(1) The bank's record of offering escrow accounts for purposes of 335
	409	+	compliance with subsection [(h)] (g) of section 47a-21, as amended by 336 Raised Bill No. 5344
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423	412
424		-	~~(1) The bank's record~~ of ~~offering escrow accounts for purposes of 335~~
425		-	~~compliance with subsection [(h)] (g) of section 47a-21, as amended by 336~~
	413	+	LCO No. 1483 12 of 13
	414	+
426	415		this act; 337
427	416		Sec. 6. Subsection (d) of section 51-15 of the 2022 supplement to the 338
428	417		general statutes, as amended by section 13 of public act 21-197, is 339
429	418		repealed and the following is substituted in lieu thereof (Effective October 340
430	419		1, 2022): 341
431	420		(d) The procedure for the hearing and determination of small claims 342
432	421		as the same may be prescribed, from time to time, by the judges of the 343
433	422		Superior Court shall be used in all small claims sessions of the court. The 344
434	423		small claims procedure shall only be applicable to (1) all actions 345
435	424		claiming money damages not in excess of five thousand dollars, except 346
436	425		such procedure shall not be applicable to actions of libel and slander, 347
437	426		and (2) actions claiming loss or damages not in excess of fifteen 348
438	427		thousand dollars sustained by reason of (A) performance of, or offer to 349
439	428		perform, home improvement, as defined in section 20-419, by a 350
440	429		contractor holding a certificate under chapter 400, or (B) a contract for 351
441	430		new home construction with a new home construction contractor 352
442	431		holding a certificate under chapter 399a. If an action is brought in the 353
443	432		small claims session by a tenant pursuant to subsection [(g)] (f) of section 354
444	433		47a-21, as amended by this act, to reclaim any part of a security deposit 355
445	434		which may be due, the judicial authority hearing the action may award 356
446	435		to the tenant the damages authorized by subsection [(d)] (c) of said 357
447	436		section and, if authorized by the rental agreement or any provision of 358
448	437		the general statutes, costs, notwithstanding that the amount of such 359
449	438		damages and costs, in the aggregate, exceeds the jurisdictional 360
450	439		monetary limit established by subdivision (1) of this subsection. If a 361
451	440		motion is filed to transfer a small claims matter to the regular docket in 362
452	441		the court, the moving party shall pay the fee prescribed by section 52-363
453	442		259. The Attorney General or an assistant attorney general, or the head 364
454	443		of any state agency or his or her authorized representative, while acting 365
455	444		in his or her official capacity shall not be required to pay any small 366
456		-	claims court fee. There shall be no charge for copies of service on 367 Raised Bill No. 5344
	445	+	claims court fee. There shall be no charge for copies of service on 367
	446	+	defendants in small claims matters. 368 Raised Bill No. 5344
457	447
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462	449
463		-	defendants in small claims matters. 368
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	451	+
464	452		This act shall take effect as follows and shall amend the following
465	453		sections:
466	454
467	455		Section 1 October 1, 2022 47a-21
468	456		Sec. 2 October 1, 2022 17b-93(c)
469	457		Sec. 3 October 1, 2022 17b-114
470	458		Sec. 4 October 1, 2022 17b-129(c)
471	459		Sec. 5 October 1, 2022 36a-32(a)(1)
472	460		Sec. 6 October 1, 2022 51-15(d)
473	461
474		-	HSG Joint Favorable
	462	+	Statement of Purpose:
	463	+	To remove the limits on the amounts of advance rental payments a
	464	+	landlord may charge a tenant.
	465	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	466	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	467	+	underlined.]
475	468