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 Section 8-39 of the general statutes is repealed and the 1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