Connecticut 2023 Regular Session

Connecticut House Bill HB06593 Compare Versions

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7	7		General Assembly Substitute Bill No. 6593
8	8		January Session, 2023
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14	12		AN ACT CONCERNING HOUSING AUTHORITY JURISDICTION.
15	13		Be it enacted by the Senate and House of Representatives in General
16	14		Assembly convened:
17	15
18	16		Section 1. Section 8-39 of the general statutes is repealed and the 1
19	17		following is substituted in lieu thereof (Effective October 1, 2023): 2
20	18		The following terms, wherever used or referred to in this chapter, 3
21	19		[shall] have the following respective meanings, unless a different 4
22	20		meaning clearly appears from the context: 5
23	21		[(a)] (1) "Area of operation" [includes the municipality in which a 6
24	22		housing authority is created under the provisions of this chapter and 7
25	23		may include a neighboring municipality, provided the governing body 8
26	24		of such neighboring municipality agrees by proper resolution to the 9
27	25		extension of the area of operation to include such neighboring 10
28	26		municipality] means a municipal area of operation and, if adopted by a 11
29	27		housing authority, includes an expanded area of operation. 12
30	28		[(b)] (2) "Authority" or "housing authority" means any of the public 13
31	29		corporations created by section 8-40, as amended by this act, and the 14
32	30		Connecticut Housing Authority when exercising the rights, powers, 15
33	31		duties or privileges of, or subject to the immunities or limitations of, 16
34		-	housing authorities pursuant to section 8-121. 17 Substitute Bill No. 6593
	32	+	housing authorities pursuant to section 8-121. 17
	33	+	[(c)] (3) "Bonds" means any bonds, including refunding bonds, notes, 18 Substitute Bill No. 6593
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40	39
41		-	[(c)] (3) "Bonds" means any bonds, including refunding bonds, notes, 18
42	40		interim certificates, debentures or other obligations issued by the 19
43	41		authority pursuant to this chapter. 20
44	42		[(d)] (4) "Clerk" means the clerk of the particular city, borough or 21
45	43		town for which a particular housing authority is created. 22
46	44		(5) "Eligible developer" or "developer" means (A) a nonprofit 23
47	45		corporation; (B) any business corporation incorporated pursuant to 24
48	46		chapter 601 or any predecessor statutes thereto, having as one of its 25
49	47		purposes the construction, rehabilitation, ownership or operation of 26
50	48		housing, and having its articles of incorporation approved by the 27
51	49		Commissioner of Housing in accordance with regulations adopted 28
52	50		pursuant to section 8-79a or 8-84; (C) any partnership, limited 29
53	51		partnership, joint venture, trust, limited liability company or association 30
54	52		having as one of its purposes the construction, rehabilitation, ownership 31
55	53		or operation of housing, and having its documents of organization 32
56	54		approved by the commissioner in accordance with regulations adopted 33
57	55		pursuant to section 8-79a or 8-84; (D) a housing authority; (E) a family 34
58	56		or person approved by the commissioner as qualified to own, construct, 35
59	57		rehabilitate, manage and maintain housing under a mortgage loan made 36
60	58		or insured under an agreement entered into pursuant to the provisions 37
61	59		of this chapter; or (F) a municipal developer. 38
62	60		(6) "Expanded area of operation" means an area in a municipality 39
63	61		adopted by a housing authority under section 8-40, as amended by this 40
64	62		act, other than the municipality in which the housing authority is 41
65	63		located. 42
66	64		[(e)] (7) "Families of low income" means families who lack the amount 43
67	65		of income which is necessary, as determined by the authority 44
68	66		undertaking the housing project, to enable them, without financial 45
69	67		assistance, to live in decent, safe and sanitary dwellings, without 46
70	68		overcrowding. 47
71		-	[(f)] (8) "Families of low and moderate income" means families who 48 Substitute Bill No. 6593
	69	+	[(f)] (8) "Families of low and moderate income" means families who 48
	70	+	lack the amount of income which is necessary, as determined by the 49 Substitute Bill No. 6593
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78		-	lack the amount of income which is necessary, as determined by the 49
79	77		Commissioner of Housing, to enable them to rent or purchase moderate 50
80	78		cost housing without financial assistance as provided by this part and 51
81	79		parts II and III of this chapter. 52
82	80		(9) "Family" means a household consisting of one or more persons. 53
83	81		[(g)] (10) "Federal government" includes the United States of 54
84	82		America, the federal emergency administration of public works or any 55
85	83		other agency or instrumentality, corporate or otherwise, of the United 56
86	84		States of America. 57
87	85		[(h)] (11) "Governing body" means, for towns having a town council, 58
88	86		the council; for other towns, the selectmen; for cities, the common 59
89	87		council or other similar body of officials; and for boroughs, the warden 60
90	88		and burgesses. 61
91	89		[(i)] (12) "Housing project" means any work or undertaking [(1)] (A) 62
92	90		to demolish, clear or remove buildings from any slum area, which work 63
93	91		or undertaking may embrace the adaptation of such area to public 64
94	92		purposes, including parks or other recreational or community purposes; 65
95	93		or [(2)] (B) to provide decent, safe and sanitary urban or rural dwellings, 66
96	94		apartments or other living accommodations for families of low or 67
97	95		moderate income, which work or undertaking may include (i) 68
98	96		buildings, land, equipment, facilities and other real or personal property 69
99	97		for necessary, convenient or desirable appurtenances, streets, sewers, 70
100	98		water service, parks, site preparation, gardening, administrative, 71
101	99		community, recreational, commercial or welfare purposes, and [may 72
102	100		include] (ii) the acquisition and rehabilitation of existing dwelling units 73
103	101		or structures to be used for moderate or low rental units; or [(3)] (C) to 74
104	102		accomplish a combination of the [foregoing. The term "housing project" 75
105	103		also may be applied to] purposes listed in subparagraphs (A) and (B) of 76
106	104		this subdivision. "Housing project" may also include the planning of the 77
107	105		buildings and improvements, the acquisition of property, the 78
108	106		demolition of existing structures, the construction, reconstruction, 79
109		-	alteration and repair of the improvements and all other work in 80 Substitute Bill No. 6593
	107	+	alteration and repair of the improvements and all other work in 80
	108	+	connection therewith and [may include] the reconstruction, 81 Substitute Bill No. 6593
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116		-	connection therewith and [may include] the reconstruction, 81
117	115		rehabilitation, alteration, or major repair of existing buildings or 82
118	116		improvements which were undertaken pursuant to parts II and VI of 83
119	117		this chapter. 84
120	118		[(j)] (13) "Mayor" means, for cities, the mayor and, for boroughs, the 85
121	119		warden. 86
122	120		[(k)] (14) "Moderate rental" means a rental which, as determined by 87
123	121		an authority with the concurrence of the Commissioner of Housing, is 88
124	122		below the level at which private enterprise is currently building a 89
125	123		needed volume of safe and sanitary dwellings for rental in the locality 90
126	124		involved; and "moderate rental housing project" means a housing 91
127	125		project, receiving state aid in the form of loans or grants, for families 92
128	126		unable to pay more than moderate rental. [Such project] "Moderate 93
129	127		rental housing project" may include the reconstruction, rehabilitation, 94
130	128		alteration, or major repair of existing buildings or improvements which 95
131	129		were undertaken pursuant to parts II or VI of this chapter. 96
132	130		(15) "Mortgage" means a mortgage deed, deed of trust or other 97
133	131		instrument that constitutes a lien, regardless of priority, on real estate or 98
134	132		on a leasehold interest under a lease having a remaining term, at the 99
135	133		time such mortgage is executed, which does not expire for at least that 100
136	134		number of years beyond the maturity date of the obligation secured by 101
137	135		such mortgage as is equal to the number of years remaining until the 102
138	136		maturity date of such obligation. 103
139	137		(16) "Municipal area of operation" includes the municipality in which 104
140	138		a housing authority is created under the provisions of this chapter and 105
141	139		may include any other municipality, as provided in section 8-40, as 106
142	140		amended by this act. 107
143	141		(17) "Municipal developer" means a municipality that has not 108
144	142		declared by resolution a need for a housing authority pursuant to 109
145	143		section 8-40, as amended by this act, acting by and through its legislative 110
146		-	body, except that in any town in which a town meeting or representative 111 Substitute Bill No. 6593
	144	+	body, except that in any town in which a town meeting or representative 111
	145	+	town meeting is the legislative body, "municipal developer" means the 112 Substitute Bill No. 6593
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153		-	town meeting is the legislative body, "municipal developer" means the 112
154	152		board of selectmen if such board is authorized to act as the municipal 113
155	153		developer by the town meeting or representative town meeting. 114
156	154		[(l)] (18) "Municipality" means any city, borough or town. "The 115
157	155		municipality" means the particular municipality for which a particular 116
158	156		housing authority is created. 117
159	157		(19) "Nonprofit corporation" means a nonprofit corporation 118
160	158		incorporated pursuant to chapter 602 or any predecessor statutes 119
161	159		thereto, having as one of its purposes the construction, rehabilitation, 120
162	160		ownership or operation of housing and having articles of incorporation 121
163	161		approved by the Commissioner of Housing in accordance with 122
164	162		regulations adopted pursuant to section 8-79a or 8-84. 123
165	163		[(m)] (20) "Obligee of the authority" or "obligee" includes any 124
166	164		bondholder, trustee or trustees for any bondholders, or lessor demising 125
167	165		to the authority property used in connection with a housing project, or 126
168	166		any assignee or assignees of such lessor's interest or any part thereof, 127
169	167		and the state or federal government when it is a party to any contract 128
170	168		with the authority. 129
171	169		[(n)] (21) "Real property" includes all lands, including improvements 130
172	170		and fixtures thereon, and property of any nature appurtenant thereto, 131
173	171		or used in connection therewith, and every estate, interest and right, 132
174	172		legal or equitable, therein, including terms for years and liens by way of 133
175	173		judgment, mortgage or otherwise and the indebtedness secured by such 134
176	174		liens. 135
177	175		[(o)] (22) "Rent" means the entire amount paid to an authority for any 136
178	176		dwelling unit. 137
179	177		[(p)] (23) "Shelter rent" means rent less any charges made by an 138
180	178		authority for water, heat, gas and electricity. 139
181	179		[(q)] (24) "Slum" means any area where dwellings predominate 140
182		-	which, by reason of dilapidation, overcrowding, faulty arrangement or 141 Substitute Bill No. 6593
	180	+	which, by reason of dilapidation, overcrowding, faulty arrangement or 141
	181	+	design, lack of ventilation, light or sanitary facilities, or any combination 142 Substitute Bill No. 6593
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189		-	design, lack of ventilation, light or sanitary facilities, or any combination 142
190	188		of these factors, are detrimental to safety, health and morals. 143
191	189		[(r)] (25) "State public body" means any city, borough, town, 144
192	190		municipal corporation, district or other subdivision of the state. 145
193	191		[(s)] (26) "Veteran" has the same meaning [assigned by] as provided 146
194	192		in section 27-103 and includes any officer of the United States Public 147
195	193		Health Service detailed by proper authority to duty with any of the 148
196	194		armed forces and the spouse or widow or widower of such veteran, 149
197	195		provided such veteran shall have served for a period of ninety days or 150
198	196		more in time of war after December 7, 1941, and shall have resided in 151
199	197		this state at any time continuously for two years. 152
200	198		[(t) "Family" means a household consisting of one or more persons. 153
201	199		(u) "Eligible developer" or "developer" means (1) a nonprofit 154
202	200		corporation; (2) any business corporation incorporated pursuant to 155
203	201		chapter 601 or any predecessor statutes thereto, having as one of its 156
204	202		purposes the construction, rehabilitation, ownership or operation of 157
205	203		housing, and having articles of incorporation approved by the 158
206	204		commissioner in accordance with regulations adopted pursuant to 159
207	205		section 8-79a or 8-84; (3) any partnership, limited partnership, joint 160
208	206		venture, trust, limited liability company or association having as one of 161
209	207		its purposes the construction, rehabilitation, ownership or operation of 162
210	208		housing, and having basic documents of organization approved by the 163
211	209		commissioner in accordance with regulations adopted pursuant to 164
212	210		section 8-79a or 8-84; (4) a housing authority; (5) a family or person 165
213	211		approved by the commissioner as qualified to own, construct, 166
214	212		rehabilitate, manage and maintain housing under a mortgage loan made 167
215	213		or insured under an agreement entered into pursuant to the provisions 168
216	214		of this chapter; or (6) a municipal developer. 169
217	215		(v) "Mortgage" means a mortgage deed, deed of trust, or other 170
218	216		instrument which shall constitute a lien, whether first or second, on real 171
219		-	estate or on a leasehold under a lease having a remaining term, at the 172 Substitute Bill No. 6593
	217	+	estate or on a leasehold under a lease having a remaining term, at the 172
	218	+	time such mortgage is acquired, which does not expire for at least that 173 Substitute Bill No. 6593
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226		-	time such mortgage is acquired, which does not expire for at least that 173
227	225		number of years beyond the maturity date of the obligation secured by 174
228	226		such mortgage as is equal to the number of years remaining until the 175
229	227		maturity date of such obligation. 176
230	228		(w) "Nonprofit corporation" means a nonprofit corporation 177
231	229		incorporated pursuant to chapter 602 or any predecessor statutes 178
232	230		thereto, having as one of its purposes the construction, rehabilitation, 179
233	231		ownership or operation of housing and having articles of incorporation 180
234	232		approved by the Commissioner of Housing in accordance with 181
235	233		regulations adopted pursuant to section 8-79a or 8-84. 182
236	234		(x) "Municipal developer" means a municipality, as defined in 183
237	235		subsection (l) of this section, which has not declared by resolution a need 184
238	236		for a housing authority pursuant to section 8-40, acting by and through 185
239	237		its legislative body, except that in any town in which a town meeting or 186
240	238		representative town meeting is the legislative body, "municipal 187
241	239		developer" means the board of selectmen if such board is authorized to 188
242	240		act as the municipal developer by the town meeting or representative 189
243	241		town meeting.] 190
244	242		Sec. 2. Section 8-40 of the general statutes is repealed and the 191
245	243		following is substituted in lieu thereof (Effective October 1, 2023): 192
246	244		(a) In each municipality of the state there is created a public body 193
247	245		corporate and politic to be known as the "housing authority" of the 194
248	246		municipality; provided such authority shall not transact any business or 195
249	247		exercise its powers [hereunder] under this section until the governing 196
250	248		body of the municipality by resolution declares that there is need for a 197
251	249		housing authority in the municipality, provided it shall find [(1)] that (1) 198
252	250		insanitary or unsafe inhabited dwelling accommodations exist in the 199
253	251		municipality, [or] (2) [that] there is a shortage of safe or sanitary 200
254	252		dwelling accommodations in the municipality available to families of 201
255	253		low income at rentals they can afford, or (3) [that] there is a shortage of 202
256	254		safe or sanitary dwelling accommodations in the municipality available 203
257		-	to families of moderate income at rentals they can afford. In determining 204 Substitute Bill No. 6593
	255	+	to families of moderate income at rentals they can afford. In determining 204
	256	+	whether dwelling accommodations are unsafe or insanitary, [said] such 205 Substitute Bill No. 6593
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264		-	whether dwelling accommodations are unsafe or insanitary, [said] such 205
265	263		governing body may take into consideration the degree of 206
266	264		overcrowding, the percentage of land coverage, the light, air, space and 207
267	265		access available to the inhabitants of such dwelling accommodations, 208
268	266		the size and arrangement of the rooms, the sanitary facilities and the 209
269	267		extent to which conditions exist in such buildings which endanger life 210
270	268		or property by fire or other causes. 211
271	269		(b) The governing bodies of two or more municipalities may create a 212
272	270		regional housing authority, which shall have all the powers, duties and 213
273	271		responsibilities conferred upon housing authorities by this chapter and 214
274	272		chapter 130. The area of operation of such authority shall include the 215
275		-	municipalities for which such authority is created, provided, in the case 216
276		-	of an expanded area of operation, any other municipality included in 217
277		-	the expanded area of operation agrees, in accordance with the 218
278		-	provisions of this section, to the expansion of the area of operation to 219
279		-	include such other municipality. Such authority shall act through a 220
280		-	board of commissioners composed of two representatives from each 221
281		-	municipality appointed for terms of four years in the manner provided 222
282		-	in section 8-41. 223
283		-	(c) (1) Any housing authority or regional housing authority may 224
284		-	adopt an expanded area of operation, provided the governing body of 225
285		-	any municipality requested to be included in the expanded area of 226
286		-	operation, at the sole discretion of such municipality, adopts an 227
287		-	agreement authorizing such housing authority to operate in such 228
288		-	municipality as an expanded area of operation. 229
289		-	(2) Any failure of the governing body of such municipality to adopt 230
290		-	an agreement with a housing authority requested pursuant to 231
291		-	subdivision (1) of this subsection shall not be construed to be a violation 232
292		-	of section 8-30g or of any other provision of the general statutes. 233
293		-	Sec. 3. Section 8-44b of the general statutes is repealed and the 234
294		-	following is substituted in lieu thereof (Effective October 1, 2023): 235 Substitute Bill No. 6593
	273	+	municipalities for which such authority is created and any expanded 216
	274	+	area of operation adopted by such authority. Such authority shall act 217
	275	+	through a board of commissioners composed of two representatives 218
	276	+	from each municipality appointed for terms of four years in the manner 219
	277	+	provided in section 8-41. 220
	278	+	(c) Any housing authority or regional housing authority established 221
	279	+	pursuant to this section may adopt an expanded area of operation. 222
	280	+	Sec. 3. Section 8-44b of the general statutes is repealed and the 223
	281	+	following is substituted in lieu thereof (Effective October 1, 2023): 224
	282	+	(a) Any housing authority created by section 8-40, as amended by this 225
	283	+	act, shall have the power to establish and maintain a housing authority 226
	284	+	police force, [the] except that no housing authority shall have the power 227
	285	+	to establish or maintain a housing authority police force in an expanded 228
	286	+	area of operation. The members of [which] any such housing authority 229
	287	+	police force shall be employees of such housing authority and shall be 230
	288	+	known as housing authority police officers. Housing authority police 231
	289	+	officers shall be appointed by the local board, agency or person 232
	290	+	empowered to appoint municipal police officers, subject to approval [of] 233
	291	+	by the housing authority. The requirements for appointment as a police 234
	292	+	officer in the municipality in which the housing authority is located, 235
	293	+	except for age and physical qualifications, shall be mandatory for 236
	294	+	housing authority police officers in such municipality. No person shall 237 Substitute Bill No. 6593
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301		-	~~(a) Any~~ housing authority ~~created by section 8-40, as amended by this 236~~
302		-	~~act, shall have the power~~ to ~~establish and maintain a housing authority 237~~
303		-	police ~~force, [the] except that no housing authority shall have the power 238~~
304		-	~~to establish or maintain a housing authority police force~~ in ~~an expanded 239~~
305		-	~~area~~ of ~~operation.~~ The ~~members of [which] any such housing authority 240~~
306		-	~~police force shall be employees of~~ such ~~housing authority and shall be 241~~
307		-	~~known as housing authority police officers.~~ ~~Housing authority police 242~~
308		-	officers shall be ~~appointed by the local board, agency or person 243~~
309		-	~~empowered to appoint municipal police officers,~~ subject to approval [of~~] 244~~
310		-	by the ~~housing authority.~~ ~~The requirements for appointment as a police 245~~
311		-	~~officer in the municipality in which the housing~~ authority ~~is located,~~ ~~246~~
312		-	~~except for age~~ and ~~physical qualifications,~~ ~~shall be mandatory for 247~~
313		-	housing authority ~~police officers in such municipality~~. ~~No person shall 248~~
314		-	~~be appointed to such housing authority police force unless [he] such 249~~
315		-	~~person has been awarded a certificate attesting~~ to ~~[his] such person's 250~~
316		-	~~successful completion~~ of ~~an approved municipal police basic training 251~~
317		-	~~program~~, ~~as provided in section 7-294e. The initial appointment shall be 252~~
318		-	for a ~~probationary term upon completion of which the appointing 253~~
319		-	~~authority may promote such probationary officers~~ to ~~permanent status;~~ ~~254~~
320		-	~~provided such promotion shall be in accordance with procedures 255~~
321		-	~~applicable~~ to ~~municipal police officers in the municipality and shall be 256~~
322		-	~~made subject~~ to the ~~approval~~ of ~~the housing authority.~~ ~~Housing 257~~
323		-	~~authority~~ police officers ~~shall have and exercise the powers and 258~~
324		-	~~authority conferred~~ upon ~~municipal police officers and shall be subject 259~~
325		-	~~to the ultimate supervision~~ and ~~control of the chief of police of the 260~~
326		-	~~municipality~~ in ~~which the housing authority operates.~~ ~~261~~
327		-	~~(b) Notwithstanding~~ the ~~provisions of subsection (a) of this section,~~ ~~262~~
328		-	~~any housing authority police force which existed prior to October 1,~~ ~~263~~
329		-	~~1970, pursuant to Title 1~~ of ~~Public Law 89-754~~, ~~80 Stat.~~ ~~1255, the 264~~
330		-	~~Demonstration Cities and Metropolitan Development Act~~ of ~~1966, and 265~~
331		-	~~which, for any reason,~~ ~~does not constitute a housing authority police 266~~
332		-	~~force pursuant~~ to ~~subsection (a) of this section,~~ ~~shall constitute a housing 267~~
333		-	~~authority police force pursuant to this subsection and the members of 268~~
334		-	~~any such~~ police ~~[forces] force may exercise~~ the ~~powers granted to such 269~~ Substitute Bill No. 6593
	301	+	be appointed to such housing authority police force unless [he] such 238
	302	+	person has been awarded a certificate attesting to [his] such person's 239
	303	+	successful completion of an approved municipal police basic training 240
	304	+	program, as provided in section 7-294e. The initial appointment shall be 241
	305	+	for a probationary term upon completion of which the appointing 242
	306	+	authority may promote such probationary officers to permanent status; 243
	307	+	provided such promotion shall be in accordance with procedures 244
	308	+	applicable to municipal police officers in the municipality and shall be 245
	309	+	made subject to the approval of the housing authority. Housing 246
	310	+	authority police officers shall have and exercise the powers and 247
	311	+	authority conferred upon municipal police officers and shall be subject 248
	312	+	to the ultimate supervision and control of the chief of police of the 249
	313	+	municipality in which the housing authority operates. 250
	314	+	(b) Notwithstanding the provisions of subsection (a) of this section, 251
	315	+	any housing authority police force which existed prior to October 1, 252
	316	+	1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 253
	317	+	Demonstration Cities and Metropolitan Development Act of 1966, and 254
	318	+	which, for any reason, does not constitute a housing authority police 255
	319	+	force pursuant to subsection (a) of this section, shall constitute a housing 256
	320	+	authority police force pursuant to this subsection and the members of 257
	321	+	any such police [forces] force may exercise the powers granted to such 258
	322	+	members pursuant to this subsection. The members of such police force 259
	323	+	may act, at the expense of the municipality, as special police officers 260
	324	+	upon property owned or managed by any housing authority. Such 261
	325	+	special police officers: (1) May arrest, without previous complaint and 262
	326	+	warrant, any person for any offense in their jurisdiction, when such 263
	327	+	person is taken or apprehended in the act or on the speedy information 264
	328	+	of others; (2) when in the immediate pursuit of one who may be arrested 265
	329	+	under the provisions of this subsection, may pursue such offender 266
	330	+	outside of their jurisdiction into any part of the municipality to effect an 267
	331	+	arrest; (3) shall be peace officers as defined in subdivision (9) of section 268
	332	+	53a-3; (4) shall have the authority to serve criminal process within their 269
	333	+	jurisdiction; (5) shall, when on duty, wear a uniform, distinct in color 270
	334	+	from that worn by the police officers of the municipality; (6) shall, when 271 Substitute Bill No. 6593
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336	336
337	337		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
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340	340
341		-	members pursuant to this subsection. The members of such police force 270
342		-	may act, at the expense of the municipality, as special police officers 271
343		-	upon property owned or managed by any housing authority. Such 272
344		-	special police officers: (1) May arrest, without previous complaint and 273
345		-	warrant, any person for any offense in their jurisdiction, when such 274
346		-	person is taken or apprehended in the act or on the speedy information 275
347		-	of others; (2) when in the immediate pursuit of one who may be arrested 276
348		-	under the provisions of this subsection, may pursue such offender 277
349		-	outside of their jurisdiction into any part of the municipality to effect an 278
350		-	arrest; (3) shall be peace officers as defined in subdivision (9) of section 279
351		-	53a-3; (4) shall have the authority to serve criminal process within their 280
352		-	jurisdiction; (5) shall, when on duty, wear a uniform, distinct in color 281
353		-	from that worn by the police officers of the municipality; (6) shall, when 282
354		-	on duty, wear in plain view a shield, distinct in shape from that worn 283
355		-	by the police officers of the municipality which shall bear the words 284
356		-	"special police"; (7) shall complete a forty-hour basic training program 285
357		-	provided by the municipality within one hundred eighty days of June 286
358		-	27, 1983; and (8) shall take an oath of office. 287
359		-	Sec. 4. Section 8-50 of the general statutes is repealed and the 288
360		-	following is substituted in lieu thereof (Effective October 1, 2023): 289
361		-	An authority shall have the right to acquire by the exercise of the 290
362		-	power of eminent domain any real property that is not located in an 291
363		-	expanded area of operation which it deems necessary for its purposes 292
364		-	under this chapter after the adoption by [it] such authority of a 293
365		-	resolution declaring that the acquisition of such real property described 294
366		-	[therein] in such resolution is necessary for such purposes. An authority, 295
367		-	in its own name and at its own expense and cost, may prefer a petition 296
368		-	and exercise the power of eminent domain in the manner provided in 297
369		-	section 48-12 and acts supplementary thereto, except that a housing 298
370		-	authority's power of eminent domain shall not extend to an expanded 299
371		-	area of operation. Property already devoted to a public use may be 300
372		-	acquired, provided no real property belonging to the municipality, the 301
373		-	state or any political subdivision thereof may be acquired without its 302 Substitute Bill No. 6593
	341	+	on duty, wear in plain view a shield, distinct in shape from that worn 272
	342	+	by the police officers of the municipality which shall bear the words 273
	343	+	"special police"; (7) shall complete a forty-hour basic training program 274
	344	+	provided by the municipality within one hundred eighty days of June 275
	345	+	27, 1983; and (8) shall take an oath of office. 276
	346	+	Sec. 4. Section 8-50 of the general statutes is repealed and the 277
	347	+	following is substituted in lieu thereof (Effective October 1, 2023): 278
	348	+	An authority shall have the right to acquire by the exercise of the 279
	349	+	power of eminent domain any real property that is not located in an 280
	350	+	expanded area of operation which it deems necessary for its purposes 281
	351	+	under this chapter after the adoption by [it] such authority of a 282
	352	+	resolution declaring that the acquisition of such real property described 283
	353	+	[therein] in such resolution is necessary for such purposes. An authority, 284
	354	+	in its own name and at its own expense and cost, may prefer a petition 285
	355	+	and exercise the power of eminent domain in the manner provided in 286
	356	+	section 48-12 and acts supplementary thereto, except that a housing 287
	357	+	authority's power of eminent domain shall not extend to an expanded 288
	358	+	area of operation. Property already devoted to a public use may be 289
	359	+	acquired, provided no real property belonging to the municipality, the 290
	360	+	state or any political subdivision thereof may be acquired without its 291
	361	+	consent. 292
	362	+	Sec. 5. Section 8-45a of the general statutes is repealed and the 293
	363	+	following is substituted in lieu thereof (Effective October 1, 2023): 294
	364	+	A housing authority, as defined in [subsection (b) of] section 8-39, as 295
	365	+	amended by this act, in determining eligibility for the rental of public 296
	366	+	housing units may establish criteria and consider relevant information 297
	367	+	concerning (1) an applicant's or any proposed occupant's history of 298
	368	+	criminal activity involving: (A) Crimes of physical violence to persons 299
	369	+	or property, (B) crimes involving the illegal manufacture, sale, 300
	370	+	distribution or use of, or possession with intent to manufacture, sell, use 301
	371	+	or distribute, a controlled substance, as defined in section 21a-240, or (C) 302
	372	+	other criminal acts which would adversely affect the health, safety or 303 Substitute Bill No. 6593
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375	374
376	375		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
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378	377		11 of 20
379	378
380		-	consent. 303
381		-	Sec. 5. Section 8-45a of the general statutes is repealed and the 304
382		-	following is substituted in lieu thereof (Effective October 1, 2023): 305
383		-	A housing authority, as defined in [subsection (b) of] section 8-39, as 306
384		-	amended by this act, in determining eligibility for the rental of public 307
385		-	housing units may establish criteria and consider relevant information 308
386		-	concerning (1) an applicant's or any proposed occupant's history of 309
387		-	criminal activity involving: (A) Crimes of physical violence to persons 310
388		-	or property, (B) crimes involving the illegal manufacture, sale, 311
389		-	distribution or use of, or possession with intent to manufacture, sell, use 312
390		-	or distribute, a controlled substance, as defined in section 21a-240, or (C) 313
391		-	other criminal acts which would adversely affect the health, safety or 314
392		-	welfare of other tenants, (2) an applicant's or any proposed occupant's 315
393		-	abuse, or pattern of abuse, of alcohol when the housing authority has 316
394		-	reasonable cause to believe that such applicant's or proposed occupant's 317
395		-	abuse, or pattern of abuse, of alcohol may interfere with the health, 318
396		-	safety or right to peaceful enjoyment of the premises by other residents, 319
397		-	and (3) an applicant or any proposed occupant who is subject to a 320
398		-	lifetime registration requirement under section 54-252 on account of 321
399		-	being convicted or found not guilty by reason of mental disease or defect 322
400		-	of a sexually violent offense. In evaluating any such information, the 323
401		-	housing authority shall give consideration to the time, nature and extent 324
402		-	of the applicant's or proposed occupant's conduct and to factors which 325
403		-	might indicate a reasonable probability of favorable future conduct such 326
404		-	as evidence of rehabilitation and evidence of the willingness of the 327
405		-	applicant, the applicant's family or the proposed occupant to participate 328
406		-	in social service or other appropriate counseling programs and the 329
407		-	availability of such programs. 330
408		-	Sec. 6. Subdivision (29) of section 12-412 of the general statutes is 331
409		-	repealed and the following is substituted in lieu thereof (Effective October 332
410		-	1, 2023): 333
411		-	(29) (A) Sales of and the storage, use or other consumption of tangible 334 Substitute Bill No. 6593
	379	+	welfare of other tenants, (2) an applicant's or any proposed occupant's 304
	380	+	abuse, or pattern of abuse, of alcohol when the housing authority has 305
	381	+	reasonable cause to believe that such applicant's or proposed occupant's 306
	382	+	abuse, or pattern of abuse, of alcohol may interfere with the health, 307
	383	+	safety or right to peaceful enjoyment of the premises by other residents, 308
	384	+	and (3) an applicant or any proposed occupant who is subject to a 309
	385	+	lifetime registration requirement under section 54-252 on account of 310
	386	+	being convicted or found not guilty by reason of mental disease or defect 311
	387	+	of a sexually violent offense. In evaluating any such information, the 312
	388	+	housing authority shall give consideration to the time, nature and extent 313
	389	+	of the applicant's or proposed occupant's conduct and to factors which 314
	390	+	might indicate a reasonable probability of favorable future conduct such 315
	391	+	as evidence of rehabilitation and evidence of the willingness of the 316
	392	+	applicant, the applicant's family or the proposed occupant to participate 317
	393	+	in social service or other appropriate counseling programs and the 318
	394	+	availability of such programs. 319
	395	+	Sec. 6. Subdivision (29) of section 12-412 of the general statutes is 320
	396	+	repealed and the following is substituted in lieu thereof (Effective October 321
	397	+	1, 2023): 322
	398	+	(29) (A) Sales of and the storage, use or other consumption of tangible 323
	399	+	personal property acquired for incorporation into or used and 324
	400	+	consumed in the operation of housing facilities for low and moderate 325
	401	+	income families and persons and sales of and the acceptance, use or 326
	402	+	other consumption of any service described in subdivision (2) of section 327
	403	+	12-407 that is used and consumed in the development, construction, 328
	404	+	rehabilitation, renovation, repair or operation of housing facilities for 329
	405	+	low and moderate income families and persons, provided such facilities 330
	406	+	are constructed under the sponsorship of and owned or operated by 331
	407	+	nonprofit housing organizations or housing authorities, as defined in 332
	408	+	[subsection (b)] subdivision (2) of section 8-39, as amended by this act. 333
	409	+	The nonprofit housing organization or housing authority sponsoring 334
	410	+	the construction of or owning or operating such housing facility shall 335
	411	+	obtain from the commissioner a letter of determination that the housing 336 Substitute Bill No. 6593
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413	413
414	414		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
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417	417
418		-	personal property acquired for incorporation into or used and 335
419		-	consumed in the operation of housing facilities for low and moderate 336
420		-	income families and persons and sales of and the acceptance, use or 337
421		-	other consumption of any service described in subdivision (2) of section 338
422		-	12-407 that is used and consumed in the development, construction, 339
423		-	rehabilitation, renovation, repair or operation of housing facilities for 340
424		-	low and moderate income families and persons, provided such facilities 341
425		-	are constructed under the sponsorship of and owned or operated by 342
426		-	nonprofit housing organizations or housing authorities, as defined in 343
427		-	[subsection (b)] subdivision (2) of section 8-39, as amended by this act. 344
428		-	The nonprofit housing organization or housing authority sponsoring 345
429		-	the construction of or owning or operating such housing facility shall 346
430		-	obtain from the commissioner a letter of determination that the housing 347
431		-	facility has, to the satisfaction of said commissioner, met all the 348
432		-	requirements for exemption under this subsection. At the time of any 349
433		-	sale or purchase that is exempt under this subsection, the purchaser 350
434		-	shall present to the retailer a copy of the determination letter that was 351
435		-	issued to the nonprofit housing organization or housing authority 352
436		-	together with a certificate from the purchaser, in such form as the 353
437		-	commissioner may prescribe, certifying that the tangible personal 354
438		-	property or services that are being purchased from the retailer are to be 355
439		-	used or consumed exclusively for the purposes of incorporation into or 356
440		-	in the development, construction, rehabilitation, renovation, repair or 357
441		-	operation of the housing facility identified in the letter of determination. 358
442		-	For the purposes of this subsection, (i) "nonprofit housing organization" 359
443		-	means any organization which has as one of its purposes the 360
444		-	development, construction, sponsorship or ownership of housing for 361
445		-	low and moderate income families as stated in its charter, if it is 362
446		-	incorporated, or its constitution or bylaws, if it is unincorporated, and 363
447		-	which has received exemption from federal income tax under the 364
448		-	provisions of Section 501(c) of the Internal Revenue Code, as amended 365
449		-	from time to time, provided the charter of such organization, if it is 366
450		-	incorporated, or its constitution or bylaws, if unincorporated, shall 367
451		-	contain a provision that no officer, member or employee [thereof] of 368
452		-	such organization shall receive or at any future time may receive any 369 Substitute Bill No. 6593
	418	+	facility has, to the satisfaction of said commissioner, met all the 337
	419	+	requirements for exemption under this subsection. At the time of any 338
	420	+	sale or purchase that is exempt under this subsection, the purchaser 339
	421	+	shall present to the retailer a copy of the determination letter that was 340
	422	+	issued to the nonprofit housing organization or housing authority 341
	423	+	together with a certificate from the purchaser, in such form as the 342
	424	+	commissioner may prescribe, certifying that the tangible personal 343
	425	+	property or services that are being purchased from the retailer are to be 344
	426	+	used or consumed exclusively for the purposes of incorporation into or 345
	427	+	in the development, construction, rehabilitation, renovation, repair or 346
	428	+	operation of the housing facility identified in the letter of determination. 347
	429	+	For the purposes of this subsection, (i) "nonprofit housing organization" 348
	430	+	means any organization which has as one of its purposes the 349
	431	+	development, construction, sponsorship or ownership of housing for 350
	432	+	low and moderate income families as stated in its charter, if it is 351
	433	+	incorporated, or its constitution or bylaws, if it is unincorporated, and 352
	434	+	which has received exemption from federal income tax under the 353
	435	+	provisions of Section 501(c) of the Internal Revenue Code, as amended 354
	436	+	from time to time, provided the charter of such organization, if it is 355
	437	+	incorporated, or its constitution or bylaws, if unincorporated, shall 356
	438	+	contain a provision that no officer, member or employee [thereof] of 357
	439	+	such organization shall receive or at any future time may receive any 358
	440	+	pecuniary profit from the operation thereof, except a reasonable 359
	441	+	compensation for services in effecting the purposes of the organization; 360
	442	+	(ii) "housing facilities" means facilities having as their primary purpose 361
	443	+	the provision of safe and adequate housing and related facilities for low 362
	444	+	and moderate income families and persons, notwithstanding that [said] 363
	445	+	such housing provides other dwelling accommodations in addition to 364
	446	+	the primary purpose of providing dwelling accommodations for low 365
	447	+	and moderate income families; (iii) "related facilities" means those 366
	448	+	facilities defined in subsection (d) of section 8-243; and (iv) "low and 367
	449	+	moderate income families" means those families as defined in 368
	450	+	subsection (h) of said section 8-243. 369
	451	+	(B) Sales of and the acceptance, use or other consumption of any 370 Substitute Bill No. 6593
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454	453
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458	457
459		-	pecuniary profit from the operation thereof, except a reasonable 370
460		-	compensation for services in effecting the purposes of the organization; 371
461		-	(ii) "housing facilities" means facilities having as their primary purpose 372
462		-	the provision of safe and adequate housing and related facilities for low 373
463		-	and moderate income families and persons, notwithstanding that [said] 374
464		-	such housing provides other dwelling accommodations in addition to 375
465		-	the primary purpose of providing dwelling accommodations for low 376
466		-	and moderate income families; (iii) "related facilities" means those 377
467		-	facilities defined in subsection (d) of section 8-243; and (iv) "low and 378
468		-	moderate income families" means those families as defined in 379
469		-	subsection (h) of said section 8-243. 380
470		-	(B) Sales of and the acceptance, use or other consumption of any 381
471		-	service described in subdivision (2) of section 12-407 that is used or 382
472		-	consumed in the development, construction, renovation or operation of 383
473		-	housing facilities for low and moderate income families and persons, 384
474		-	provided such facilities are owned or sponsored by a mutual housing 385
475		-	association, as defined in subsection (b) of section 8-214f, and operated 386
476		-	as mutual housing by such association at a location that was conveyed 387
477		-	to such association by the United States Secretary of Housing and Urban 388
478		-	Development prior to September 1, 1995. 389
479		-	Sec. 7. Section 8-389 of the general statutes is repealed and the 390
480		-	following is substituted in lieu thereof (Effective October 1, 2023): 391
481		-	Upon the incorporation of a successfully negotiated regional fair 392
482		-	housing compact into a regional plan of conservation and development 393
483		-	by a regional planning agency pursuant to section 8-386, the 394
484		-	Commissioner of Housing and the Connecticut Housing Authority may 395
485		-	give priority to any application for financial or technical assistance made 396
486		-	by a municipality, housing authority or eligible developer, as defined in 397
487		-	[subsection (u) of] section 8-39, as amended by this act, in connection 398
488		-	with any project located in a municipality which has approved the 399
489		-	regional fair housing compact pursuant to section 8-386. 400
490		-	Sec. 8. Subdivision (9) of section 12-631 of the general statutes is 401 Substitute Bill No. 6593
	458	+	service described in subdivision (2) of section 12-407 that is used or 371
	459	+	consumed in the development, construction, renovation or operation of 372
	460	+	housing facilities for low and moderate income families and persons, 373
	461	+	provided such facilities are owned or sponsored by a mutual housing 374
	462	+	association, as defined in subsection (b) of section 8-214f, and operated 375
	463	+	as mutual housing by such association at a location that was conveyed 376
	464	+	to such association by the United States Secretary of Housing and Urban 377
	465	+	Development prior to September 1, 1995. 378
	466	+	Sec. 7. Section 8-389 of the general statutes is repealed and the 379
	467	+	following is substituted in lieu thereof (Effective October 1, 2023): 380
	468	+	Upon the incorporation of a successfully negotiated regional fair 381
	469	+	housing compact into a regional plan of conservation and development 382
	470	+	by a regional planning agency pursuant to section 8-386, the 383
	471	+	Commissioner of Housing and the Connecticut Housing Authority may 384
	472	+	give priority to any application for financial or technical assistance made 385
	473	+	by a municipality, housing authority or eligible developer, as defined in 386
	474	+	[subsection (u) of] section 8-39, as amended by this act, in connection 387
	475	+	with any project located in a municipality which has approved the 388
	476	+	regional fair housing compact pursuant to section 8-386. 389
	477	+	Sec. 8. Subdivision (9) of section 12-631 of the general statutes is 390
	478	+	repealed and the following is substituted in lieu thereof (Effective October 391
	479	+	1, 2023): 392
	480	+	(9) "Families of low and moderate income" means families meeting 393
	481	+	the criteria for designation as families of low and moderate income 394
	482	+	established by the Commissioner of Housing pursuant to [subsection 395
	483	+	(f)] subdivision (8) of section 8-39, as amended by this act. 396
	484	+	Sec. 9. Section 8-113a of the general statutes is repealed and the 397
	485	+	following is substituted in lieu thereof (Effective October 1, 2023): 398
	486	+	The following terms, wherever used or referred to in this part, [shall] 399
	487	+	have the following respective meanings, unless a different meaning 400
	488	+	clearly appears from the context: 401 Substitute Bill No. 6593
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492	490
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496	494
497		-	repealed and the following is substituted in lieu thereof (Effective October 402
498		-	1, 2023): 403
499		-	(9) "Families of low and moderate income" means families meeting 404
500		-	the criteria for designation as families of low and moderate income 405
501		-	established by the Commissioner of Housing pursuant to [subsection 406
502		-	(f)] subdivision (8) of section 8-39, as amended by this act. 407
503		-	Sec. 9. Section 8-113a of the general statutes is repealed and the 408
504		-	following is substituted in lieu thereof (Effective October 1, 2023): 409
505		-	The following terms, wherever used or referred to in this part, [shall] 410
506		-	have the following respective meanings, unless a different meaning 411
507		-	clearly appears from the context: 412
508		-	[(a)] (1) "Authority" or "housing authority" means any of the public 413
509		-	corporations created by section 8-40, as amended by this act. 414
510		-	[(b) "Municipality" means any city, borough or town. "The 415
511		-	municipality" means the particular municipality for which a particular 416
512		-	housing authority is created. 417
513		-	(c) "Governing body" means, for towns having a town council, the 418
514		-	council; for other towns, the selectmen; for cities, the common council 419
515		-	or other similar body of officials; and for boroughs, the warden and 420
516		-	burgesses. 421
517		-	(d) "Mayor" means, for cities, the mayor, and, for boroughs, the 422
518		-	warden. "Clerk" means the clerk of the particular city, borough or town 423
519		-	for which a particular housing authority is created. 424
520		-	(e) "Area of operation" shall include the municipality in which a 425
521		-	housing authority is created under the provisions of this chapter, and 426
522		-	may include a neighboring municipality, provided the governing body 427
523		-	of such neighboring municipality shall agree by proper resolution to the 428
524		-	extension of the area of operation to include such neighboring 429
525		-	municipality.] 430 Substitute Bill No. 6593
	495	+	[(a)] (1) "Authority" or "housing authority" means any of the public 402
	496	+	corporations created by section 8-40, as amended by this act. 403
	497	+	[(b) "Municipality" means any city, borough or town. "The 404
	498	+	municipality" means the particular municipality for which a particular 405
	499	+	housing authority is created. 406
	500	+	(c) "Governing body" means, for towns having a town council, the 407
	501	+	council; for other towns, the selectmen; for cities, the common council 408
	502	+	or other similar body of officials; and for boroughs, the warden and 409
	503	+	burgesses. 410
	504	+	(d) "Mayor" means, for cities, the mayor, and, for boroughs, the 411
	505	+	warden. "Clerk" means the clerk of the particular city, borough or town 412
	506	+	for which a particular housing authority is created. 413
	507	+	(e) "Area of operation" shall include the municipality in which a 414
	508	+	housing authority is created under the provisions of this chapter, and 415
	509	+	may include a neighboring municipality, provided the governing body 416
	510	+	of such neighboring municipality shall agree by proper resolution to the 417
	511	+	extension of the area of operation to include such neighboring 418
	512	+	municipality.] 419
	513	+	(2) "Bonds" means any bonds, notes, interim certificates, certificates 420
	514	+	of indebtedness, debentures or other obligations issued by the authority 421
	515	+	pursuant to this chapter. 422
	516	+	(3) "Elderly persons" means persons sixty-two years of age and over 423
	517	+	who lack the amount of income that is necessary, as determined by the 424
	518	+	authority or nonprofit corporation, subject to approval by the 425
	519	+	Commissioner of Housing, to enable them to live in decent, safe and 426
	520	+	sanitary dwellings without financial assistance as provided under this 427
	521	+	part, or persons who have been certified by the Social Security Board as 428
	522	+	being totally disabled under the federal Social Security Act or certified 429
	523	+	by any other federal board or agency as being totally disabled. 430
	524	+	(4) "Housing partnership" means any partnership, limited 431 Substitute Bill No. 6593
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527	526
528	527		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
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531	530
532		-	(2) "Bonds" means any bonds, notes, interim certificates, certificates 431
533		-	of indebtedness, debentures or other obligations issued by the authority 432
534		-	pursuant to this chapter. 433
535		-	(3) "Elderly persons" means persons sixty-two years of age and over 434
536		-	who lack the amount of income that is necessary, as determined by the 435
537		-	authority or nonprofit corporation, subject to approval by the 436
538		-	Commissioner of Housing, to enable them to live in decent, safe and 437
539		-	sanitary dwellings without financial assistance as provided under this 438
540		-	part, or persons who have been certified by the Social Security Board as 439
541		-	being totally disabled under the federal Social Security Act or certified 440
542		-	by any other federal board or agency as being totally disabled. 441
543		-	(4) "Housing partnership" means any partnership, limited 442
544		-	partnership, joint venture, trust or association consisting of (A) a 443
545		-	housing authority, a nonprofit corporation or both, and (B) (i) a business 444
546		-	corporation incorporated pursuant to chapter 601 or any predecessor 445
547		-	statutes thereto, having as one of its purposes the construction, 446
548		-	rehabilitation, ownership or operation of housing, and having articles of 447
549		-	incorporation approved by the commissioner in accordance with 448
550		-	regulations adopted pursuant to section 8-79a or 8-84, (ii) a for-profit 449
551		-	partnership, limited partnership, joint venture, trust, limited liability 450
552		-	company or association having as one of its purposes the construction, 451
553		-	rehabilitation, ownership or operation of housing, and having basic 452
554		-	documents of organization approved by the commissioner in 453
555		-	accordance with regulations adopted pursuant to section 8-79a or 8-84, 454
556		-	or (iii) any combination of the entities included under subparagraphs 455
557		-	(B)(i) and (B)(ii) of this subdivision. 456
558		-	[(f)] (5) "Housing project" means any work or undertaking [(1)] (A) to 457
559		-	demolish, clear or remove buildings from any slum area, which work or 458
560		-	undertaking may embrace the adaptation of such area to public 459
561		-	purposes, including parks or other recreational or community purposes; 460
562		-	[(2)] (B) to provide decent, safe and sanitary urban or rural dwellings, 461
563		-	apartments or other living accommodations for elderly persons, which 462
564		-	work or undertaking may include buildings, land, equipment, facilities 463 Substitute Bill No. 6593
	531	+	partnership, joint venture, trust or association consisting of (A) a 432
	532	+	housing authority, a nonprofit corporation or both, and (B) (i) a business 433
	533	+	corporation incorporated pursuant to chapter 601 or any predecessor 434
	534	+	statutes thereto, having as one of its purposes the construction, 435
	535	+	rehabilitation, ownership or operation of housing, and having articles of 436
	536	+	incorporation approved by the commissioner in accordance with 437
	537	+	regulations adopted pursuant to section 8-79a or 8-84, (ii) a for-profit 438
	538	+	partnership, limited partnership, joint venture, trust, limited liability 439
	539	+	company or association having as one of its purposes the construction, 440
	540	+	rehabilitation, ownership or operation of housing, and having basic 441
	541	+	documents of organization approved by the commissioner in 442
	542	+	accordance with regulations adopted pursuant to section 8-79a or 8-84, 443
	543	+	or (iii) any combination of the entities included under subparagraphs 444
	544	+	(B)(i) and (B)(ii) of this subdivision. 445
	545	+	[(f)] (5) "Housing project" means any work or undertaking [(1)] (A) to 446
	546	+	demolish, clear or remove buildings from any slum area, which work or 447
	547	+	undertaking may embrace the adaptation of such area to public 448
	548	+	purposes, including parks or other recreational or community purposes; 449
	549	+	[(2)] (B) to provide decent, safe and sanitary urban or rural dwellings, 450
	550	+	apartments or other living accommodations for elderly persons, which 451
	551	+	work or undertaking may include buildings, land, equipment, facilities 452
	552	+	and other real or personal property for necessary, convenient or 453
	553	+	desirable appurtenances, streets, sewers, water service, parks, site 454
	554	+	preparation, gardening, administrative, community, recreational or 455
	555	+	welfare purposes; [(3)] (C) to provide a continuum of housing 456
	556	+	comprising independent living accommodations, residential care, 457
	557	+	intermediate housing facilities and skilled nursing care and facilities 458
	558	+	with ready access to medical and hospital services; or [(4)] (D) to 459
	559	+	accomplish a combination of the [foregoing. The term "housing project" 460
	560	+	also may be applied to] purposes specified in subparagraphs (A) to (C), 461
	561	+	inclusive, of this subdivision. "Housing project" may also include the 462
	562	+	planning of the buildings and improvements, the acquisition of 463
	563	+	property, the demolition of existing structures, the construction, 464
	564	+	reconstruction, alteration and repair of the improvements and all other 465 Substitute Bill No. 6593
565	565
566	566
567	567		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
568		-	~~R02~~-HB.docx }
	568	+	R01-HB.docx }
569	569		16 of 20
570	570
571		-	and other real or personal property for necessary, convenient or 464
572		-	desirable appurtenances, streets, sewers, water service, parks, site 465
573		-	preparation, gardening, administrative, community, recreational or 466
574		-	welfare purposes; [(3)] (C) to provide a continuum of housing 467
575		-	comprising independent living accommodations, residential care, 468
576		-	intermediate housing facilities and skilled nursing care and facilities 469
577		-	with ready access to medical and hospital services; or [(4)] (D) to 470
578		-	accomplish a combination of the [foregoing. The term "housing project" 471
579		-	also may be applied to] purposes specified in subparagraphs (A) to (C), 472
580		-	inclusive, of this subdivision. "Housing project" may also include the 473
581		-	planning of the buildings and improvements, the acquisition of 474
582		-	property, the demolition of existing structures, the construction, 475
583		-	reconstruction, alteration and repair of the improvements and all other 476
584		-	work in connection therewith. 477
585		-	[(g) "Bonds" means any bonds, notes, interim certificates, certificates 478
586		-	of indebtedness, debentures or other obligations issued by the authority 479
587		-	pursuant to this chapter. 480
588		-	(h) "Real property" shall include all lands, including improvements 481
589		-	and fixtures thereon, and property of any nature appurtenant thereto, 482
590		-	or used in connection therewith, and every estate, interest and right, 483
591		-	legal or equitable, therein, including terms for years and liens by way of 484
592		-	judgment, mortgage or otherwise and the indebtedness secured by such 485
593		-	liens. 486
594		-	(i) "Obligee of the authority" or "obligee" shall include any 487
595		-	bondholder, trustee or trustees for any bondholders, or lessor demising 488
596		-	to the authority property used in connection with a housing project, or 489
597		-	any assignee or assignees of such lessor's interest or any part thereof, 490
598		-	and the state government when it is a party to any contract with the 491
599		-	authority. 492
600		-	(j) "State public body" means any city, borough, town, municipal 493
601		-	corporation, district or other subdivision of the state.] 494 Substitute Bill No. 6593
	571	+	work in connection therewith. 466
	572	+	[(g) "Bonds" means any bonds, notes, interim certificates, certificates 467
	573	+	of indebtedness, debentures or other obligations issued by the authority 468
	574	+	pursuant to this chapter. 469
	575	+	(h) "Real property" shall include all lands, including improvements 470
	576	+	and fixtures thereon, and property of any nature appurtenant thereto, 471
	577	+	or used in connection therewith, and every estate, interest and right, 472
	578	+	legal or equitable, therein, including terms for years and liens by way of 473
	579	+	judgment, mortgage or otherwise and the indebtedness secured by such 474
	580	+	liens. 475
	581	+	(i) "Obligee of the authority" or "obligee" shall include any 476
	582	+	bondholder, trustee or trustees for any bondholders, or lessor demising 477
	583	+	to the authority property used in connection with a housing project, or 478
	584	+	any assignee or assignees of such lessor's interest or any part thereof, 479
	585	+	and the state government when it is a party to any contract with the 480
	586	+	authority. 481
	587	+	(j) "State public body" means any city, borough, town, municipal 482
	588	+	corporation, district or other subdivision of the state.] 483
	589	+	[(k)] (6) "Rent" means the entire amount paid to a local authority, 484
	590	+	nonprofit corporation or housing partnership for any dwelling unit. 485
	591	+	[(l)] (7) "Shelter rent" means "rent" as defined herein, less any charges 486
	592	+	made by a local authority, nonprofit corporation or housing partnership 487
	593	+	for water, heat, gas, electricity and sewer use charges. 488
	594	+	[(m) "Elderly persons" means persons sixty-two years of age and over 489
	595	+	who lack the amount of income which is necessary, as determined by 490
	596	+	the authority or nonprofit corporation, subject to approval by the 491
	597	+	Commissioner of Housing, to enable them to live in decent, safe and 492
	598	+	sanitary dwellings without financial assistance as provided under this 493
	599	+	part, or persons who have been certified by the Social Security Board as 494
	600	+	being totally disabled under the federal Social Security Act or certified 495 Substitute Bill No. 6593
602	601
603	602
604	603		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
605		-	~~R02~~-HB.docx }
	604	+	R01-HB.docx }
606	605		17 of 20
607	606
608		-	[(k)] (6) "Rent" means the entire amount paid to a local authority, 495
609		-	nonprofit corporation or housing partnership for any dwelling unit. 496
610		-	[(l)] (7) "Shelter rent" means "rent" as defined herein, less any charges 497
611		-	made by a local authority, nonprofit corporation or housing partnership 498
612		-	for water, heat, gas, electricity and sewer use charges. 499
613		-	[(m) "Elderly persons" means persons sixty-two years of age and over 500
614		-	who lack the amount of income which is necessary, as determined by 501
615		-	the authority or nonprofit corporation, subject to approval by the 502
616		-	Commissioner of Housing, to enable them to live in decent, safe and 503
617		-	sanitary dwellings without financial assistance as provided under this 504
618		-	part, or persons who have been certified by the Social Security Board as 505
619		-	being totally disabled under the federal Social Security Act or certified 506
620		-	by any other federal board or agency as being totally disabled. 507
621		-	(n) "Housing partnership" means any partnership, limited 508
622		-	partnership, joint venture, trust or association consisting of (1) a housing 509
623		-	authority, a nonprofit corporation or both and (2) (A) a business 510
624		-	corporation incorporated pursuant to chapter 601 or any predecessor 511
625		-	statutes thereto, having as one of its purposes the construction, 512
626		-	rehabilitation, ownership or operation of housing, and having articles of 513
627		-	incorporation approved by the commissioner in accordance with 514
628		-	regulations adopted pursuant to section 8-79a or 8-84, (B) a for-profit 515
629		-	partnership, limited partnership, joint venture, trust, limited liability 516
630		-	company or association having as one of its purposes the construction, 517
631		-	rehabilitation, ownership or operation of housing, and having basic 518
632		-	documents of organization approved by the commissioner in 519
633		-	accordance with regulations adopted pursuant to section 8-79a or 8-84 520
634		-	or (C) any combination of the entities included under subparagraphs 521
635		-	(A) and (B) of this subdivision.] 522
636		-	Sec. 10. Subsection (a) of section 8-116c of the general statutes is 523
637		-	repealed and the following is substituted in lieu thereof (Effective October 524
638		-	1, 2023): 525 Substitute Bill No. 6593
	607	+	by any other federal board or agency as being totally disabled. 496
	608	+	(n) "Housing partnership" means any partnership, limited 497
	609	+	partnership, joint venture, trust or association consisting of (1) a housing 498
	610	+	authority, a nonprofit corporation or both and (2) (A) a business 499
	611	+	corporation incorporated pursuant to chapter 601 or any predecessor 500
	612	+	statutes thereto, having as one of its purposes the construction, 501
	613	+	rehabilitation, ownership or operation of housing, and having articles of 502
	614	+	incorporation approved by the commissioner in accordance with 503
	615	+	regulations adopted pursuant to section 8-79a or 8-84, (B) a for-profit 504
	616	+	partnership, limited partnership, joint venture, trust, limited liability 505
	617	+	company or association having as one of its purposes the construction, 506
	618	+	rehabilitation, ownership or operation of housing, and having basic 507
	619	+	documents of organization approved by the commissioner in 508
	620	+	accordance with regulations adopted pursuant to section 8-79a or 8-84 509
	621	+	or (C) any combination of the entities included under subparagraphs 510
	622	+	(A) and (B) of this subdivision.] 511
	623	+	Sec. 10. Subsection (a) of section 8-116c of the general statutes is 512
	624	+	repealed and the following is substituted in lieu thereof (Effective October 513
	625	+	1, 2023): 514
	626	+	(a) An elderly person [, as defined in subsection (m) of section 8-113a,] 515
	627	+	shall not be eligible to move into a housing project [, as defined in 516
	628	+	subsection (f) of section 8-113a,] if the person (1) is currently using illegal 517
	629	+	drugs, (2) is currently abusing alcohol and has a recent history of 518
	630	+	disruptive or dangerous behavior and whose tenancy (A) would 519
	631	+	constitute a direct threat to the health or safety of another individual, or 520
	632	+	(B) would result in substantial physical damage to the property of 521
	633	+	another, (3) has a recent history of disruptive or dangerous behavior and 522
	634	+	whose tenancy (A) would constitute a direct threat to the health and 523
	635	+	safety of another individual, or (B) would result in substantial physical 524
	636	+	damage to the property of another, or (4) was convicted of the illegal 525
	637	+	sale or possession of a controlled substance, as defined in section 21a-526
	638	+	240, within the prior twenty-four-month period. 527 Substitute Bill No. 6593
639	639
640	640
641	641		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
642		-	~~R02~~-HB.docx }
	642	+	R01-HB.docx }
643	643		18 of 20
644	644
645		-	(a) An elderly person [, as defined in subsection (m) of section 8-113a,] 526
646		-	shall not be eligible to move into a housing project [, as defined in 527
647		-	subsection (f) of section 8-113a,] if the person (1) is currently using illegal 528
648		-	drugs, (2) is currently abusing alcohol and has a recent history of 529
649		-	disruptive or dangerous behavior and whose tenancy (A) would 530
650		-	constitute a direct threat to the health or safety of another individual, or 531
651		-	(B) would result in substantial physical damage to the property of 532
652		-	another, (3) has a recent history of disruptive or dangerous behavior and 533
653		-	whose tenancy (A) would constitute a direct threat to the health and 534
654		-	safety of another individual, or (B) would result in substantial physical 535
655		-	damage to the property of another, or (4) was convicted of the illegal 536
656		-	sale or possession of a controlled substance, as defined in section 21a-537
657		-	240, within the prior twenty-four-month period. 538
658		-	Sec. 11. Section 8-116d of the general statutes is repealed and the 539
659		-	following is substituted in lieu thereof (Effective October 1, 2023): 540
660		-	Any elderly person [, as defined in subsection (m) of section 8-113a,] 541
661		-	who applies for and is accepted for admission to a housing project 542
662		-	pursuant to this part or part VII of this chapter or pursuant to any other 543
663		-	state or federal housing assistance program may terminate the lease or 544
664		-	rental agreement for the dwelling unit that he or she occupies at the time 545
665		-	of such acceptance, without the penalty or liability for the remaining 546
666		-	term of the lease or rental agreement, upon giving thirty days' written 547
667		-	notice to the landlord of such dwelling unit. 548
668		-	Sec. 12. Section 8-119h of the general statutes is repealed and the 549
669		-	following is substituted in lieu thereof (Effective October 1, 2023): 550
670		-	Upon preliminary approval by the State Bond Commission pursuant 551
671		-	to the provisions of section 3-20, the state, acting by and through the 552
672		-	Commissioner of Housing, may enter into a contract or contracts with 553
673		-	an authority, a municipal developer, a nonprofit corporation or a 554
674		-	housing partnership for state financial assistance for a congregate 555
675		-	housing project, in the form of capital grants, interim loans, permanent 556
676		-	loans, deferred loans or any combination thereof for application to the 557 Substitute Bill No. 6593
	645	+	Sec. 11. Section 8-116d of the general statutes is repealed and the 528
	646	+	following is substituted in lieu thereof (Effective October 1, 2023): 529
	647	+	Any elderly person [, as defined in subsection (m) of section 8-113a,] 530
	648	+	who applies for and is accepted for admission to a housing project 531
	649	+	pursuant to this part or part VII of this chapter or pursuant to any other 532
	650	+	state or federal housing assistance program may terminate the lease or 533
	651	+	rental agreement for the dwelling unit that he or she occupies at the time 534
	652	+	of such acceptance, without the penalty or liability for the remaining 535
	653	+	term of the lease or rental agreement, upon giving thirty days' written 536
	654	+	notice to the landlord of such dwelling unit. 537
	655	+	Sec. 12. Section 8-119h of the general statutes is repealed and the 538
	656	+	following is substituted in lieu thereof (Effective October 1, 2023): 539
	657	+	Upon preliminary approval by the State Bond Commission pursuant 540
	658	+	to the provisions of section 3-20, the state, acting by and through the 541
	659	+	Commissioner of Housing, may enter into a contract or contracts with 542
	660	+	an authority, a municipal developer, a nonprofit corporation or a 543
	661	+	housing partnership for state financial assistance for a congregate 544
	662	+	housing project, in the form of capital grants, interim loans, permanent 545
	663	+	loans, deferred loans or any combination thereof for application to the 546
	664	+	development cost of such project or projects. A contract with an 547
	665	+	authority, a municipal developer, a nonprofit corporation or a housing 548
	666	+	partnership may provide that in the case of any loan made in 549
	667	+	conjunction with any housing assistance funds provided by an agency 550
	668	+	of the United States government, if such housing assistance funds 551
	669	+	terminate prior to complete repayment of a loan made pursuant to this 552
	670	+	section, the remaining balance of such loan may be converted to a capital 553
	671	+	grant or decreased loan. Any such state assistance contract with an 554
	672	+	authority, a municipal developer, a nonprofit corporation or a housing 555
	673	+	partnership for a capital grant or loan entered into prior to the time 556
	674	+	housing assistance funds became available from an agency of the United 557
	675	+	States government, may, upon the mutual consent of the commissioner 558
	676	+	and the authority, municipal developer, nonprofit corporation or 559
	677	+	housing partnership, be renegotiated to provide for a loan or increased 560 Substitute Bill No. 6593
677	678
678	679
679	680		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
680		-	~~R02~~-HB.docx }
	681	+	R01-HB.docx }
681	682		19 of 20
682	683
683		-	development cost of such project or projects. A contract with an 558
684		-	authority, a municipal developer, a nonprofit corporation or a housing 559
685		-	partnership may provide that in the case of any loan made in 560
686		-	conjunction with any housing assistance funds provided by an agency 561
687		-	of the United States government, if such housing assistance funds 562
688		-	terminate prior to complete repayment of a loan made pursuant to this 563
689		-	section, the remaining balance of such loan may be converted to a capital 564
690		-	grant or decreased loan. Any such state assistance contract with an 565
691		-	authority, a municipal developer, a nonprofit corporation or a housing 566
692		-	partnership for a capital grant or loan entered into prior to the time 567
693		-	housing assistance funds became available from an agency of the United 568
694		-	States government, may, upon the mutual consent of the commissioner 569
695		-	and the authority, municipal developer, nonprofit corporation or 570
696		-	housing partnership, be renegotiated to provide for a loan or increased 571
697		-	loan in the place of a capital grant or loan or a part thereof, consistent 572
698		-	with the above conditions. Such capital grants or loans shall be in an 573
699		-	amount not in excess of the development cost of the project or projects, 574
700		-	including, in the case of grants or loans financed from the proceeds of 575
701		-	the state's general obligation bonds issued pursuant to any 576
702		-	authorization, allocation or approval of the State Bond Commission 577
703		-	made prior to July 1, 1990, administrative or other cost or expense to be 578
704		-	incurred by the state in connection therewith, as approved by said 579
705		-	commissioner. In anticipation of final payment of such capital grants or 580
706		-	loans, the state, acting by and through said commissioner and in 581
707		-	accordance with such contract, may make temporary advances to the 582
708		-	authority, municipal developer, nonprofit corporation or housing 583
709		-	partnership for preliminary planning expense or other development 584
710		-	cost of such project or projects. Any loan provided pursuant to this 585
711		-	section shall bear interest at a rate to be determined in accordance with 586
712		-	subsection (t) of section 3-20. Any such authority, municipal developer, 587
713		-	nonprofit corporation or housing partnership may, subject to the 588
714		-	approval of the Commissioner of Housing, contract with any other 589
715		-	person approved by the Commissioner of Housing for the operation of 590
716		-	a project undertaken pursuant to this part. As used in this section, 591
717		-	"housing partnership" has the same meaning as provided in [subsection 592 Substitute Bill No. 6593
	684	+	loan in the place of a capital grant or loan or a part thereof, consistent 561
	685	+	with the above conditions. Such capital grants or loans shall be in an 562
	686	+	amount not in excess of the development cost of the project or projects, 563
	687	+	including, in the case of grants or loans financed from the proceeds of 564
	688	+	the state's general obligation bonds issued pursuant to any 565
	689	+	authorization, allocation or approval of the State Bond Commission 566
	690	+	made prior to July 1, 1990, administrative or other cost or expense to be 567
	691	+	incurred by the state in connection therewith, as approved by said 568
	692	+	commissioner. In anticipation of final payment of such capital grants or 569
	693	+	loans, the state, acting by and through said commissioner and in 570
	694	+	accordance with such contract, may make temporary advances to the 571
	695	+	authority, municipal developer, nonprofit corporation or housing 572
	696	+	partnership for preliminary planning expense or other development 573
	697	+	cost of such project or projects. Any loan provided pursuant to this 574
	698	+	section shall bear interest at a rate to be determined in accordance with 575
	699	+	subsection (t) of section 3-20. Any such authority, municipal developer, 576
	700	+	nonprofit corporation or housing partnership may, subject to the 577
	701	+	approval of the Commissioner of Housing, contract with any other 578
	702	+	person approved by the Commissioner of Housing for the operation of 579
	703	+	a project undertaken pursuant to this part. As used in this section, 580
	704	+	"housing partnership" has the same meaning as provided in [subsection 581
	705	+	(n) of] section 8-113a, as amended by this act. 582
	706	+	Sec. 13. Section 8-119l of the general statutes is repealed and the 583
	707	+	following is substituted in lieu thereof (Effective October 1, 2023): 584
	708	+	The state, acting by and through the Commissioner of Housing, may 585
	709	+	enter into a contract or contracts with an authority, a municipal 586
	710	+	developer, a nonprofit corporation or a housing partnership for state 587
	711	+	financial assistance in the form of a grant-in-aid for an operating cost 588
	712	+	subsidy for state-financed congregate housing projects developed 589
	713	+	pursuant to this part. In calculating the amount of the grant-in-aid, the 590
	714	+	commissioner shall use adjusted gross income of tenants. As used in this 591
	715	+	section, "adjusted gross income" means annual aggregate income from 592
	716	+	all sources minus fifty per cent of all unreimbursable medical expenses 593 Substitute Bill No. 6593
718	717
719	718
720	719		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06593-
721		-	~~R02~~-HB.docx }
	720	+	R01-HB.docx }
722	721		20 of 20
723	722
724		-	(n) of] section 8-113a, as amended by this act. 593
725		-	Sec. 13. Section 8-119l of the general statutes is repealed and the 594
726		-	following is substituted in lieu thereof (Effective October 1, 2023): 595
727		-	The state, acting by and through the Commissioner of Housing, may 596
728		-	enter into a contract or contracts with an authority, a municipal 597
729		-	developer, a nonprofit corporation or a housing partnership for state 598
730		-	financial assistance in the form of a grant-in-aid for an operating cost 599
731		-	subsidy for state-financed congregate housing projects developed 600
732		-	pursuant to this part. In calculating the amount of the grant-in-aid, the 601
733		-	commissioner shall use adjusted gross income of tenants. As used in this 602
734		-	section, "adjusted gross income" means annual aggregate income from 603
735		-	all sources minus fifty per cent of all unreimbursable medical expenses 604
736		-	[. As used in this section,] and "housing partnership" has the same 605
737		-	meaning as provided in [subsection (n) of] section 8-113a, as amended 606
738		-	by this act. 607
	723	+	[. As used in this section,] and "housing partnership" has the same 594
	724	+	meaning as provided in [subsection (n) of] section 8-113a, as amended 595
	725	+	by this act. 596
739	726		This act shall take effect as follows and shall amend the following
740	727		sections:
741	728
742	729		Section 1 October 1, 2023 8-39
743	730		Sec. 2 October 1, 2023 8-40
744	731		Sec. 3 October 1, 2023 8-44b
745	732		Sec. 4 October 1, 2023 8-50
746	733		Sec. 5 October 1, 2023 8-45a
747	734		Sec. 6 October 1, 2023 12-412(29)
748	735		Sec. 7 October 1, 2023 8-389
749	736		Sec. 8 October 1, 2023 12-631(9)
750	737		Sec. 9 October 1, 2023 8-113a
751	738		Sec. 10 October 1, 2023 8-116c(a)
752	739		Sec. 11 October 1, 2023 8-116d
753	740		Sec. 12 October 1, 2023 8-119h
754	741		Sec. 13 October 1, 2023 8-119l
755	742
756		-	PD Joint Favorable Subst.
	743	+	Statement of Legislative Commissioners:
	744	+	In Section 1(12), clause designators were added and duplicative
	745	+	references to "may include" were deleted for clarity; and in Section 6,
	746	+	"thereof" was replaced with "of such organization" for clarity.
	747	+
	748	+	HSG Joint Favorable Subst. -LCO
757	749