Connecticut 2023 Regular Session

Connecticut House Bill HB06708 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 6708
	5	+	General Assembly Raised Bill No. 6708
8	6		January Session, 2023
	7	+	LCO No. 4401
	8	+
	9	+
	10	+	Referred to Committee on HOUSING
	11	+
	12	+
	13	+	Introduced by:
	14	+	(HSG)
	15	+
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12	19		AN ACT CONCERNING THE SECURITY DEPOSIT GUARANTEE
13	20		PROGRAM.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Section 8-339 of the general statutes is repealed and the 1
18	25		following is substituted in lieu thereof (Effective July 1, 2023): 2
19	26		(a) The Commissioner of Housing shall establish, within available 3
20	27		appropriations, and administer a security deposit guarantee program 4
21	28		for [persons who (1) (A) are recipients of temporary family assistance, 5
22	29		aid under the state supplement program, or state-administered general 6
23		-	assistance, or (B) have a documented showing of financial need, and 7
24		-	~~(2)~~ (A) are residing in emergency shelters or other emergency housing, 8
	30	+	assistance, or (B) have a documented showing of financial need, and (2) 7
	31	+	(A) are residing in emergency shelters or other emergency housing, 8
25	32		cannot remain in permanent housing due to any reason specified in 9
26	33		subsection (a) of section 17b-808, or are] (1) any individual or family 10
27		-	whose income is eighty per cent ~~or less~~ of the median income ~~of the~~ 11
28		-	state, adjusted for family size, as determined by the United States 12
	34	+	whose income is not greater than eighty per cent of the median income 11
	35	+	of the state, adjusted for family size, as determined by the United States 12
29	36		Department of Housing and Urban Development, (2) any individual 13
30	37		who is served a writ, summons and complaint in a summary process 14
31		-	action instituted pursuant to chapter 832, or [(B) have] (3) any 15
32		-	individual who receives a certificate or voucher from a rental 16
33		-	assistance program or federal [Section 8] Housing Choice Voucher 17
34		-	program. Under the security deposit guarantee program, the 18
35		-	[Commissioner of Housing] commissioner may provide security 19
36		-	deposit guarantees for use by [such] persons who are eligible pursuant 20 Substitute Bill No. 6708
	38	+	action instituted pursuant to chapter 832, or [(B) have] (3) any individual 15 Raised Bill No. 6708
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43		-	to this subsection in lieu of a security deposit on a rental dwelling unit. 21
44		-	Eligible persons may receive a security deposit guarantee in an amount 22
45		-	not to exceed the equivalent of [two] one and one-half months' rent on 23
46		-	such rental unit. No person may apply for and receive a security 24
47		-	deposit guarantee more than once in any [eighteen-month] twenty-25
48		-	four-month period without the express authorization of the 26
49		-	[Commissioner of Housing] commissioner, except as provided in 27
50		-	subsection (b) of this section. The [Commissioner of Housing] 28
51		-	commissioner may deny eligibility for the [security deposit guarantee] 29
52		-	program to an applicant for whom the commissioner has paid [two] 30
53		-	one or more claims by landlords. The [Commissioner of Housing] 31
54		-	commissioner shall prioritize the provision of security deposit 32
55		-	guarantees to eligible veterans and may establish priorities for 33
56		-	providing security deposit guarantees to other eligible persons 34
57		-	described in [subparagraphs (A) and (B) of subdivision (2)] 35
58		-	subdivisions (1) to (3), inclusive, of this subsection in order to 36
59		-	administer the program within available appropriations. 37
60		-	(b) In the case of any person who qualifies for a guarantee, the 38
61		-	[Commissioner of Housing] commissioner, or any local or regional 39
62		-	nonprofit corporation or social service organization under contract 40
63		-	with the Department of Housing to assist in the administration of the 41
64		-	[security deposit guarantee] program established pursuant to 42
65		-	subsection (a) of this section, may execute a written agreement to pay 43
66		-	the landlord for any damages suffered by the landlord due to the 44
67		-	tenant's failure to comply with such tenant's obligations, as defined in 45
68		-	section 47a-21, provided the amount of any such payment shall not 46
69		-	exceed the amount of the requested security deposit. Notwithstanding 47
70		-	the provisions of subsection (a) of this section, if a person who has 48
71		-	previously received a grant for a security deposit or a security deposit 49
72		-	guarantee becomes eligible for a subsequent security deposit guarantee 50
73		-	[within eighteen] not later than twenty-four months after a claim has 51
74		-	been paid on a prior security deposit guarantee, such person may 52
75		-	receive a security deposit guarantee. The amount of the subsequent 53
76		-	security deposit guarantee for which such person would otherwise 54 Substitute Bill No. 6708
	42	+	LCO No. 4401 2 of 5
	43	+
	44	+	that receives a certificate or voucher from a rental assistance program or 16
	45	+	federal [Section 8] Housing Choice Voucher program. Under the 17
	46	+	security deposit guarantee program, the [Commissioner of Housing] 18
	47	+	commissioner may provide security deposit guarantees for use by 19
	48	+	[such] persons eligible pursuant to this subsection in lieu of a security 20
	49	+	deposit on a rental dwelling unit. Eligible persons may receive a security 21
	50	+	deposit guarantee in an amount not to exceed the equivalent of [two] 22
	51	+	one and one-half months' rent on such rental unit. No person may apply 23
	52	+	for and receive a security deposit guarantee more than once in any 24
	53	+	[eighteen-month] twenty-four-month period without the express 25
	54	+	authorization of the [Commissioner of Housing] commissioner, except 26
	55	+	as provided in subsection (b) of this section. The [Commissioner of 27
	56	+	Housing] commissioner may deny eligibility for the [security deposit 28
	57	+	guarantee] program to an applicant for whom the commissioner has 29
	58	+	paid [two] one or more claims by landlords. The [Commissioner of 30
	59	+	Housing] commissioner shall prioritize the provision of security deposit 31
	60	+	guarantees to eligible veterans and may establish priorities for 32
	61	+	providing security deposit guarantees to other eligible persons 33
	62	+	described in [subparagraphs (A) and (B) of subdivision (2)] subdivisions 34
	63	+	(1) to (3), inclusive, of this subsection in order to administer the program 35
	64	+	within available appropriations. 36
	65	+	(b) In the case of any person who qualifies for a guarantee, the 37
	66	+	[Commissioner of Housing] commissioner, or any local or regional 38
	67	+	nonprofit corporation or social service organization under contract with 39
	68	+	the Department of Housing to assist in the administration of the 40
	69	+	[security deposit guarantee] program established pursuant to 41
	70	+	subsection (a) of this section, may execute a written agreement to pay 42
	71	+	the landlord for any damages suffered by the landlord due to the 43
	72	+	tenant's failure to comply with such tenant's obligations as defined in 44
	73	+	section 47a-21, provided the amount of any such payment shall not 45
	74	+	exceed the amount of the requested security deposit. Notwithstanding 46
	75	+	the provisions of subsection (a) of this section, if a person who has 47
	76	+	previously received a grant for a security deposit or a security deposit 48
	77	+	guarantee becomes eligible for a subsequent security deposit guarantee 49 Raised Bill No. 6708
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83		-	have been eligible shall be reduced by (1) any amount of a previous 55
84		-	grant which has not been returned to the department pursuant to 56
85		-	section 47a-21, or (2) the amount of any payment made to the landlord 57
86		-	for damages pursuant to this subsection. 58
87		-	(c) Any payment made pursuant to this section to any person 59
88		-	receiving temporary family assistance, aid under the state supplement 60
89		-	program or state-administered general assistance shall not be deducted 61
90		-	from the amount of assistance to which the recipient would otherwise 62
91		-	be entitled. 63
92		-	(d) On and after July 1, 2000, no special need or special benefit 64
93		-	payments shall be made by the commissioner for security deposits 65
94		-	from the temporary family assistance, state supplement, or state-66
95		-	administered general assistance programs. 67
96		-	(e) The [Commissioner of Housing] commissioner may, within 68
97		-	available appropriations, on a case-by-case basis, provide a security 69
98		-	deposit grant to a person eligible for the [security deposit guarantee] 70
99		-	program established under subsection (a) of this section, in an amount 71
100		-	not to exceed the equivalent of one month's rent on such rental unit, 72
101		-	provided the commissioner determines that emergency circumstances 73
102		-	exist which threaten the health, safety or welfare of a child who resides 74
103		-	with such person. Such person shall not be eligible for more than one 75
104		-	such grant without the authorization of said commissioner. Nothing in 76
105		-	this section shall preclude the approval of such one-month security 77
106		-	deposit grant in conjunction with a one-month security deposit 78
107		-	guarantee. 79
108		-	(f) The [Commissioner of Housing] commissioner may provide a 80
109		-	security deposit grant to a person receiving such grant through any 81
110		-	local or regional nonprofit corporation or social service organization 82
111		-	under an existing contract with the Department of Housing to assist in 83
112		-	the administration of the security deposit program. [, but in no event 84
113		-	shall a payment be authorized after October 1, 2000.] Nothing in this 85
114		-	section shall preclude the commissioner from entering into a contract 86 Substitute Bill No. 6708
	81	+	LCO No. 4401 3 of 5
	82	+
	83	+	within [eighteen] twenty-four months after a claim has been paid on a 50
	84	+	prior security deposit guarantee, such person may receive a security 51
	85	+	deposit guarantee. The amount of the subsequent security deposit 52
	86	+	guarantee for which such person would otherwise have been eligible 53
	87	+	shall be reduced by (1) any amount of a previous grant which has not 54
	88	+	been returned to the department pursuant to section 47a-21, or (2) the 55
	89	+	amount of any payment made to the landlord for damages pursuant to 56
	90	+	this subsection. 57
	91	+	(c) Any payment made pursuant to this section to any person 58
	92	+	receiving temporary family assistance, aid under the state supplement 59
	93	+	program or state-administered general assistance shall not be deducted 60
	94	+	from the amount of assistance to which the recipient would otherwise 61
	95	+	be entitled. 62
	96	+	(d) On and after July 1, 2000, no special need or special benefit 63
	97	+	payments shall be made by the commissioner for security deposits from 64
	98	+	the temporary family assistance, state supplement, or state-65
	99	+	administered general assistance programs. 66
	100	+	(e) The [Commissioner of Housing] commissioner may, within 67
	101	+	available appropriations, on a case-by-case basis, provide a security 68
	102	+	deposit grant to a person eligible for the [security deposit guarantee] 69
	103	+	program established under subsection (a) of this section, in an amount 70
	104	+	not to exceed the equivalent of one month's rent on such rental unit, 71
	105	+	provided the commissioner determines that emergency circumstances 72
	106	+	exist which threaten the health, safety or welfare of a child who resides 73
	107	+	with such person. Such person shall not be eligible for more than one 74
	108	+	such grant without the authorization of said commissioner. Nothing in 75
	109	+	this section shall preclude the approval of such one-month security 76
	110	+	deposit grant in conjunction with a one-month security deposit 77
	111	+	guarantee. 78
	112	+	(f) The [Commissioner of Housing] commissioner may provide a 79
	113	+	security deposit grant to a person receiving such grant through any local 80
	114	+	or regional nonprofit corporation or social service organization under 81 Raised Bill No. 6708
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121		-	with one or more local or regional nonprofit corporations or social 87
122		-	service organizations for the purpose of issuing security deposit 88
123		-	guarantees. 89
124		-	(g) A landlord may submit a claim for damages not later than [forty-90
125		-	five] twenty days after the date of termination of the tenancy. Payment 91
126		-	shall be made only for a claim that includes receipts for repairs made. 92
127		-	No claim shall be paid for an apartment from which a tenant vacated 93
128		-	because substandard conditions made the apartment uninhabitable, as 94
129		-	determined by a local, state or federal regulatory agency. 95
130		-	(h) Any person with income exceeding one hundred fifty per cent of 96
131		-	the federal poverty level, who is found eligible to receive a security 97
132		-	deposit guarantee under this section and for whom the commissioner 98
133		-	has paid a claim by a landlord, shall contribute [five] fifty per cent of 99
134		-	one month's rent to the payment of the security deposit. The 100
135		-	commissioner may waive such payment for good cause. 101
136		-	(i) The [Commissioner of Housing] commissioner shall adopt 102
137		-	regulations, in accordance with the provisions of chapter 54, to 103
138		-	administer the program established pursuant to this section and to set 104
139		-	eligibility criteria for the program, but may implement the program 105
140		-	while in the process of adopting such regulations provided notice of 106
141		-	intent to adopt the regulations is published [in the Connecticut Law 107
142		-	Journal within ] on the eRegulations System not later than twenty days 108
143		-	after implementation. 109
144		-	Sec. 2. (Effective July 1, 2023) The sum of ten million dollars is 110
145		-	appropriated to the Department of Housing from the General Fund, 111
146		-	for the fiscal year ending June 30, 2024, for the administration of the 112
147		-	security deposit guarantee program. 113
	118	+	LCO No. 4401 4 of 5
	119	+
	120	+	an existing contract with the Department of Housing to assist in the 82
	121	+	administration of the security deposit program. [, but in no event shall 83
	122	+	a payment be authorized after October 1, 2000.] Nothing in this section 84
	123	+	shall preclude the commissioner from entering into a contract with one 85
	124	+	or more local or regional nonprofit corporations or social service 86
	125	+	organizations for the purpose of issuing security deposit guarantees. 87
	126	+	(g) A landlord may submit a claim for damages not later than [forty-88
	127	+	five] twenty days after the date of termination of the tenancy. Payment 89
	128	+	shall be made only for a claim that includes receipts for repairs made. 90
	129	+	No claim shall be paid for an apartment from which a tenant vacated 91
	130	+	because substandard conditions made the apartment uninhabitable, as 92
	131	+	determined by a local, state or federal regulatory agency. 93
	132	+	(h) Any person with income exceeding one hundred fifty per cent of 94
	133	+	the federal poverty level, who is found eligible to receive a security 95
	134	+	deposit guarantee under this section and for whom the commissioner 96
	135	+	has paid a claim by a landlord, shall contribute [five] fifty per cent of 97
	136	+	one month's rent to the payment of the security deposit. The 98
	137	+	commissioner may waive such payment for good cause. 99
	138	+	(i) The [Commissioner of Housing] commissioner shall adopt 100
	139	+	regulations, in accordance with the provisions of chapter 54, to 101
	140	+	administer the program established pursuant to this section and to set 102
	141	+	eligibility criteria for the program, but may implement the program 103
	142	+	while in the process of adopting such regulations provided notice of 104
	143	+	intent to adopt the regulations is published [in the Connecticut Law 105
	144	+	Journal] on the eRegulations System within twenty days after 106
	145	+	implementation. 107
	146	+	Sec. 2. (Effective July 1, 2023) The sum of ten million dollars is 108
	147	+	appropriated to the Department of Housing from the General Fund, for 109
	148	+	the fiscal year ending June 30, 2024, for the administration of the security 110
	149	+	deposit guarantee program. 111 Raised Bill No. 6708
	150	+
	151	+
	152	+
	153	+	LCO No. 4401 5 of 5
	154	+
148	155		This act shall take effect as follows and shall amend the following
149	156		sections:
150	157
151	158		Section 1 July 1, 2023 8-339
152		-	Sec. 2 July 1, 2023 New section ~~Substitute Bill No. 6708~~
	159	+	Sec. 2 July 1, 2023 New section
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159		-
160		-	Statement of Legislative Commissioners:
161		-	In Section 1(a), "not greater than" was changed to "or less" for clarity
162		-	and in Section 1(b) and 1(i), "within" was changed to "not later than"
163		-	for clarity.
164		-
165		-	HSG Joint Favorable Subst. -LCO
	161	+	Statement of Purpose:
	162	+	To expand access to, and provide funding for, the security deposit
	163	+	guarantee program.
	164	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	165	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	166	+	underlined.]
166	167