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OLR Bill Analysis
sHB 6781
AN ACT ADDRESSING HOUSING AFFORDABILITY FOR
RESIDENTS IN THE STATE.
TABLE OF CONTENTS:
SUMMARY
§ 1 — INCREASED FINES FOR HOUSING VIOLATIONS
Allows (1) municipalities to prescribe civil penalties of up to $2,000 for each violation of
their rules on maintaining safe and sanitary housing and (2) landlords to appeal these
fines to the municipality’s zoning board of appeals, under certain circumstances
§§ 2 & 3 — PRE-OCCUPANCY WALK-THROUGHS
Beginning January 1, 2024, requires landlords to give tenants the opportunity to request
and complete a pre-occupancy “walk-through” of a dwelling unit after or at the time of
entering into a rental agreement; prohibits landlords from keeping any portion of a
tenant’s security deposit or seeking payment for conditions specifically identified during
the walk-through
§§ 3 & 4 — LIMITS ON RENTAL APPLICATION-RELATED FEES
Limits rental application-related fees and payments that landlords may require from
prospective tenants to reimbursements for tenant screening reports and security deposits;
requires landlords to (1) provide prospective tenants with these reports and a receipt or
invoice and (2) waive the fee if the prospective tenant provides a recent screening report
that is satisfactory to the landlord
§ 5 — REQUIRED NOTICE OF PROTECTED TENANT STATUS
Beginning January 1, 2024, requires landlords to provide tenants with a written DOH
notice summarizing the rights of protected tenants (i.e., generally certain tenants at least
age 62 or with a disability) whenever they rent, or enter or renew an agreement to rent,
certain dwelling units
§§ 6-8 — HOUSING AUTHORITY TRAINING, INFORMATION, AND
AUDIT REQUIREMENTS
Requires housing authorities (1) receiving state assistance to annually give tenants
specified information and (2) subject to the State Single Audit Act, to include the audit
results in their annual reports; and requires all current and new housing authority
commissioners to participate in a federal training
§ 9 — MUNICIPAL LANDLORD IDENTIFICATION REQUIREMENTS
Modifies the current municipal landlord identification requirements, including generally
extending the requirements for landlords participating in the federal Housing Choice
Voucher program to nonresident rental property owners 2023HB-06781-R000208-BA.DOCX
Researcher: SM Page 2 3/23/23
§§ 10-22 — PROHIBITION OF HOUSING DISCRIMINATION BASED
ON CERTAIN EVICTION RECORDS
Makes it a discriminatory housing practice for a housing provider, based on an
individual’s prior eviction that occurred more than five years before a rental application or
any summary process action that did not result in an eviction, to (1) refuse to rent a unit
after making a bona fide offer, (2) refuse to negotiate for the rental unit, or (3) otherwise
make unavailable or deny a dwelling unit or deny occupancy in the unit; authorizes
anyone aggrieved by such an action to file a complaint with CHRO
§ 23 — OPM OFFICE OF RESPONSIBLE GROWTH
Establishes a new Office of Responsible Growth within OPM and assigns it various
responsibilities, including coordinating municipalities’ submissions of plans to
affirmatively further fair housing, as required under the bill
§ 24 — MUNICIPAL PLANS TO AFFIRMATIVELY FURTHER FAIR
HOUSING
Replaces the municipal affordable housing planning requirement under current law with a
requirement that municipalities (1) adopt plans, in consultation with the OPM State
Responsible Growth Coordinator, to affirmatively further fair housing and (2) submit the
plans to the growth coordinator pursuant to a schedule he or she sets, or be required to
expend certain state funding on developing affordable housing
§ 25 — SEWER CAPACITY TASK FORCE
Establishes a task force to create an inventory of existing sewer capacity in the state and a
plan to expand it in accordance with the state plan of conservation and development
§§ 26 & 27 — 8-30G MORATORIA POINTS FOR MIDDLE HOUSING
AND AFFH PLANS
Awards municipalities points toward a moratorium from the 8-30g appeals procedure for
certain middle housing units (1) developed as of right and (2) located within a ¼ mile of a
transit district; authorizes municipalities to qualify for a lower 8-30g moratorium
threshold for adopting an AFFH plan, rather than an affordable housing plan
§ 28 — COMMON APPLICATION FOR RENTAL ASSISTANCE
Requires the housing commissioner, in consultation with CHFA and housing authority
representatives, to develop and implement a standardized application form for affordable
housing programs in the state
§ 29 — DOH PROGRAM TO INCENTIVIZE LANDLORD
PARTICIPATION IN TENANT-BASED RENTAL ASSISTANCE
PROGRAMS
Requires the DOH commissioner, within available appropriations and in consultation
with CHFA and housing authority representatives, to establish a program to incentivize
landlord participation in various tenant-based rental assistance programs
§§ 30 & 31 — DOH RAP STUDY AND PROGRAM E XPENDITURES
Requires the DOH commissioner to (1) conduct a study, within available appropriations,
on methods to improve the efficiency of processing applications under RAP and (2)
affirmatively seek to spend all funds appropriated to the program annually 2023HB-06781-R000208-BA.DOCX
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§ 32 — DOH PILOT PROGRAM TO PROVIDE RELIEF TO LANDLORDS
PARTICIPATING IN TENANT-BASED RENTAL ASSISTANCE
PROGRAMS
Requires the DOH commissioner to establish a landlord relief pilot program to provide
financial assistance to qualifying landlords for eligible expenses incurred by renting to, or
seeking to rent to, a recipient of (1) a RAP certificate, (2) an HCV voucher, or (3) any
other state rental subsidy; caps this assistance at the lesser of $5,000 per tenancy or
$10,000 per dwelling unit
§ 33 — REMOVAL OF CERTAIN EVICTION RECORDS FROM THE
JUDICIAL BRANCH WEBSITE
Requires the judicial branch to remove from its website records or identifying information
related to eviction proceedings within specified time periods based on an action’s
disposition; prohibits the judicial branch from selling or transferring these removed
records for commercial purposes, such as consumer reporting or tenant screening
§§ 34-36 — REAL ESTATE CONVEYANCE TAX
Increases state real estate conveyance tax rates for conveyances of residential dwellings to
specified business entities; exempts conveyances of property with deed-restricted affordable
housing dwelling units from the tax; and requires the comptroller to transfer conveyance
tax revenue the state receives in excess of $180 million each fiscal year, annually adjusted
for inflation, to the Housing Trust Fund
§§ 36 & 37 — BOND AUTHORIZATION FOR HOUSING TRUST FUND
Authorizes up to $75 million in state GO bonds for DOH to provide grants for converting
hotels, malls, and office buildings to multifamily dwellings in nondistressed
municipalities
§§ 38-45 — DOH AND OPM APPROPRIATIONS
Makes appropriations from the General Fund, for FYs 24 and 25, to DOH and OPM for
various housing-related purposes
SUMMARY
This bill makes various changes to laws related to landlords and
tenants and housing. It also establishes a new Office of Responsible
Growth within the Office of Policy and Management (OPM), makes
changes related to the real estate conveyance tax, authorizes general
obligation bonds for the Department of Housing (DOH), and makes
appropriations to DOH and OPM for housing-related purposes. A
section-by-section analysis follows.
The bill also makes technical and conforming changes.
EFFECTIVE DATE: Various; see below
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§ 1 — INCREASED FINES FOR HOUSING VIOLATIONS
Allows (1) municipalities to prescribe civil penalties of up to $2,000 for each violation of
their rules on maintaining safe and sanitary housing and (2) landlords to appeal these
fines to the municipality’s zoning board of appeals, under certain circumstances
Existing law allows municipalities to set penalties, of up to $250, for
violations of their regulations and ordinances adopted pursuant to their
statutorily enumerated general powers. (It also specifically authorizes
other municipal fines for housing blight; see Background). The bill
additionally allows municipalities to prescribe civil penalties of up to
$2,000 for each violation of their rules on maintaining safe and sanitary
housing.
The bill allows an owner who is assessed this penalty to appeal to the
municipality’s zoning board of appeals (ZBA), or the municipality’s
chief executive officer if no ZBA exists, on the grounds that the violation
was due entirely to a tenant’s deliberate action. (Existing law generally
requires a municipality to notify individuals of their right to contest a
citation before a hearing officer, whose decision can be appealed in
Superior Court (CGS § 7-152c).)
EFFECTIVE DATE: October 1, 2023
Background
Fines for Housing Blight. By law, municipalities are authorized to
(1) establish fines of between $10 and $100 per day for housing blight,
which constitute a lien on the property if unpaid (CGS §§ 7-
148(c)(7)(H)(xv) & 7-148aa), and (2) enact an ordinance imposing a
special assessment on blighted housing to cover blight enforcement and
remediation costs (CGS § 7-148ff).
Related Bill. HB 6666, § 2, reported favorably by the Housing
Committee, contains a provision allowing municipalities to prescribe
civil penalties of up to $1,000 for each violation of their rules on
maintaining safe and sanitary housing.
§§ 2 & 3 — PRE-OCCUPANCY WALK-THROUGHS
Beginning January 1, 2024, requires landlords to give tenants the opportunity to request
and complete a pre-occupancy “walk-through” of a dwelling unit after or at the time of
entering into a rental agreement; prohibits landlords from keeping any portion of a 2023HB-06781-R000208-BA.DOCX
Researcher: SM Page 5 3/23/23
tenant’s security deposit or seeking payment for conditions specifically identified during
the walk-through
Beginning January 1, 2024, the bill requires landlords to give tenants
the opportunity to request and complete a pre-occupancy “walk-
through” of a dwelling unit after or at the time of entering into a rental
agreement.
Under the bill, a “walk-through” means a joint, in-person inspection
of a dwelling unit by the landlord and tenant or their designees to note
and list the unit’s existing conditions, defects, or damages using a DOH
checklist. The bill requires the DOH commissioner to prepare this
standardized, pre-occupancy walk-through checklist and make it
available on DOH’s website by December 1, 2023. During the walk-
through, the landlord and tenant or their designees must note the unit’s
existing conditions, defects, or damages. Afterwards, they must each
sign and receive duplicate copies of the checklist.
When a tenant vacates the dwelling unit, the bill prohibits their
landlord from keeping any portion of the tenant’s security deposit or
seeking payment for a condition, defect, or damage noted in the
preoccupancy walk-through checklist. In administrative or judicial
proceedings, this checklist is admissible, subject to the rules of evidence.
But it is not conclusive as evidence of the unit’s condition at the
beginning of a tenant’s occupancy.
The bill specifies that these provisions do not apply to tenancies
under rental agreements entered into before January 1, 2024. It also
makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2023
§§ 3 & 4 — LIMITS ON RENTAL APPLICATION -RELATED FEES
Limits rental application-related fees and payments that landlords may require from
prospective tenants to reimbursements for tenant screening reports and security deposits;
requires landlords to (1) provide prospective tenants with these reports and a receipt or
invoice and (2) waive the fee if the prospective tenant provides a recent screening report
that is satisfactory to the landlord
The bill generally prohibits landlords from requiring prospective
tenants to pay any fees, charges, or payments for the reviewing, 2023HB-06781-R000208-BA.DOCX
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processing, or accepting of a rental application, or make any other
payments before or at the start of tenancy. The bill excludes from this
prohibition a security deposit and the fee for a tenant screening report,
except that in the latter case it limits the fee to the landlord’s actual cost
for the report. Under the bill, a “tenant screening report” means a credit
report, a criminal background report, an employment history report, a
rental history report, or any combination of these that a landlord uses to
determine a prospective tenant’s suitability.
The bill prohibits landlords from collecting a tenant screening report
fee until after they provide the prospective tenant with a copy of the (1)
screening report and (2) receipt or invoice from the entity that
conducted the report. The bill also requires landlords to waive the
tenant screening report fee if a prospective tenant provides a copy of a
screening report that is satisfactory to the landlord and was done within
30 days of his or her rental application.
EFFECTIVE DATE: October 1, 2023
Background — Related Bill
sSB 4, § 3, reported favorably by the Housing Committee, contains
generally identical provisions.
§ 5 — REQUIRED NOTICE OF PROTECTED TENAN T STATUS
Beginning January 1, 2024, requires landlords to provide tenants with a written DOH
notice summarizing the rights of protected tenants (i.e., generally certain tenants at least
age 62 or with a disability) whenever they rent, or enter or renew an agreement to rent,
certain dwelling units
State law provides more protections against evictions and rent
increases to certain “protected tenants” residing in a (1) building or
complex consisting of five or more separate dwelling units, (2) mobile
manufactured home park (including certain conversion tenants), or (3)
dwelling unit in a common interest community where the landlord
owns five or more units. To qualify for this protection, a tenant must:
1. be at least age 62,
2. have a physical or intellectual disability, 2023HB-06781-R000208-BA.DOCX
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3. permanently reside with a spouse or specified relative that (a) is
at least age 62 or (b) has a disability meeting certain
requirements, or
4. be a conversion tenant in a mobile home park meeting certain
requirements.
Beginning January 1, 2024, the bill requires landlords or their agents
to give a written DOH notice summarizing these protections to any
tenant that rents, or enters or renews an agreement to rent, one of the
units described above.
Existing law, unchanged by the bill, prohibits protected tenants from
being evicted solely for their lease expiring (i.e., lapse of time). It also
requires that their rent only be increased by an amount that is fair and
equitable and allows those aggrieved by a rent increase, and residing in
a municipality without a fair rent commission, to bring action to contest
the increase in Superior Court.
Under the bill, the DOH commissioner must create the one-page,
plain-language summary of protected tenants’ rights and post it on the
department’s website by December 1, 2023. The bill requires that the
notice be available in other languages in addition to English, as
determined by the commissioner.
EFFECTIVE DATE: October 1, 2023
§§ 6-8 — HOUSING AUTHORITY TRAINING, INFORMATION, AND
AUDIT REQUIREMENTS
Requires housing authorities (1) receiving state assistance to annually give tenants
specified information and (2) subject to the State Single Audit Act, to include the audit
results in their annual reports; and requires all current and new housing authority
commissioners to participate in a federal training
The bill requires (1) existing housing authority commissioners to
participate in a federal Department of Housing and Urban Development
(HUD) commissioner training by January 1, 2024, and (2) new
commissioners to participate in the training upon appointment (§ 6).
Additionally, it requires housing authorities receiving state 2023HB-06781-R000208-BA.DOCX
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assistance and the Connecticut Housing Finance Authority (CHFA) (if
it or its subsidiaries are successor owners to housing previously owned
by a local authority) to annually provide tenants, beginning when they
sign their initial lease, with the following information: (1) contact
information for the authority’s management, local health department,
and Commission on Human Rights and Opportunities (CHRO) and (2)
a copy of the judicial branch’s guidance on tenants’ and landlords’ rights
and responsibilities (§ 7).
Under the bill, housing authorities subject to the state’s Single Audit
Act (i.e., those with annual revenue of more than $1 million and that
spend more than $300,000 in a fiscal year) must include the audit results
in the annual reports they must submit by law to the housing
commissioner and their respective municipality’s chief executive officer
(§ 8). (Existing law, unchanged by the bill, also requires the housing
commissioner to ensure local housing authorities are audited biennially,
with the authority covering the audit’s costs, if the commissioner
requires it (CGS § 7-392(d)).)
EFFECTIVE DATE: October 1, 2023
§ 9 — MUNICIPAL LANDLORD IDENTIFICATION REQUIREMENTS
Modifies the current municipal landlord identification requirements, including generally
extending the requirements for landlords participating in the federal Housing Choice
Voucher program to nonresident rental property owners
Under existing law, generally unchanged by the bill, municipalities
can require nonresident owners and landlords renting to Housing
Choice Voucher (HCV) program participants (also known as project-
based housing providers or PBHPs) to provide (1) their current
residential addresses or (2) the current residential address of the agent
in charge of the building if the owners are a business entity that owns
rental property (i.e., a corporation, partnership, trust, or other legally
recognized entity).
Current law includes an additional “controlling participant”
requirement for PBHPs. It requires that they provide identifying
information and the current residential address of each controlling
participant associated with the property, meaning an individual or 2023HB-06781-R000208-BA.DOCX
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entity that exercises day-to-day financial or operational control. If a
controlling participant is a business entity, the PBHP must identify and
provide the residential address for a natural person who exercises
control over that entity.
The bill modifies this “controlling participant” disclosure
requirement by (1) limiting it to PBHPs that are business entities and (2)
extending it to nonresident owners that are business entities. It also
redefines controlling participant to mean a natural person who (1) is not
a minor and (2) directly or indirectly and through any contract,
arrangement, understanding, or relationship exercises substantial
control, or owns more than 25%, of a business entity that owns rental
property.
EFFECTIVE DATE: October 1, 2023
Background
Resident Advisory Boards. Federal law generally requires public
housing agencies (PHAs) to establish at least one resident advisory
board to assist and make recommendations on the development of a
PHA’s public housing agency plan (42 U.S.C. § 1437c-1(e)). A housing
authority located in Connecticut that does not administer any HUD
programs or receive HUD funding is not considered a PHA and is not
subject to this requirement.
HCV Program and PBHPs. The HCV program is the federal
government’s main program for helping very low-income families
afford private market housing (42 U.S.C. § 1437f(o)). Eligible households
that are issued a housing voucher must find housing that meets the
program’s requirements. HUD funds the program and it is
administered locally by PHAs and statewide by DOH.
State law defines PBHPs as property owners who contract with HUD
to provide housing to tenants under the HCV program.
Related Bills
sSB 4, § 6, and SB 996, § 3, both reported favorably by the Housing
Committee, contain generally identical provisions regarding municipal 2023HB-06781-R000208-BA.DOCX
Researcher: SM Page 10 3/23/23
landlord identification requirements.
§§ 10-22 — PROHIBITION OF HOUSING DISCRIMINATION BASED
ON CERTAIN EVICTION RECORDS
Makes it a discriminatory housing practice for a housing provider, based on an
individual’s prior eviction that occurred more than five years before a rental application or
any summary process action that did not result in an eviction, to (1) refuse to rent a unit
after making a bona fide offer, (2) refuse to negotiate for the rental unit, or (3) otherwise
make unavailable or deny a dwelling unit or deny occupancy in the unit; authorizes
anyone aggrieved by such an action to file a complaint with CHRO
The bill generally prohibits housing providers from refusing to rent
to a prospective tenant based on a person’s (1) prior eviction that
occurred more than five years before the rental application or (2) status
as party to a summary process action that did not result in an eviction.
Specifically, the bill makes it a discriminatory housing practice for
housing providers, based on this information, to (1) refuse to rent a unit
after making a bona fide offer, (2) refuse to negotiate for the rental unit,
or (3) otherwise make unavailable or deny a dwelling unit or deny
occupancy in the unit.
The bill’s prohibition of these practices applies to landlords and
rental property owners or their agents, realtors, property managers,
housing authorities, and other entities that provide dwelling units to
potential tenants (i.e., housing providers). Additionally, the bill
specifically requires housing authorities to limit their consideration of
an applicant’s or proposed occupant’s eviction history to the five-year
time period described above, except as otherwise provided by law.
The bill authorizes anyone aggrieved by a violation of its prohibition
on housing discrimination based on certain eviction records to, within
300 days of the alleged act, file a complaint with CHRO pursuant to the
existing statutory procedure for doing so. CHRO must investigate and
grant relief just as it would for other discriminatory housing practices.
By law and under the bill, discriminatory housing practice violations are
a class D misdemeanor, punishable by up to 30 days in prison, up to a
$250 fine, or both (CGS § 46a-64c(g)).
The bill provides that its provisions do not limit the applicability of
any reasonable state statute or municipal ordinance restricting the 2023HB-06781-R000208-BA.DOCX
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maximum number of people allowed to occupy a dwelling.
EFFECTIVE DATE: October 1, 2023
§ 23 — OPM OFFICE OF RESPONSIBLE GROWTH
Establishes a new Office of Responsible Growth within OPM and assigns it various
responsibilities, including coordinating municipalities’ submissions of plans to
affirmatively further fair housing, as required under the bill
The bill establishes an Office of Responsible Growth within OPM’s
Intergovernmental Policy Division. It assigns the new office the
following responsibilities, for which OPM is generally responsible
under existing law:
1. preparing the state plan of conservation and development and
reviewing, for consistency with the plan, state agency plans,
projects, and bonding requests;
2. coordinating the administration of the Connecticut
Environmental Policy Act;
3. facilitating interagency coordination related to land and water
resources and infrastructure improvements;
4. providing staff support to the (a) Connecticut Water Planning
Council and (b) Advisory Commission on Intergovernmental
Relations;
5. coordinating the neighborhood revitalization zone program;
6. helping the state’s chief data officer oversee the statewide
geographic information system’s (GIS) data and resources and
participating in the system’s user-to-user network to develop GIS
data standards and initiatives;
7. serving as the state liaison to the state’s region councils on
government;
8. administering incentive grant programs for (a) responsible
growth and transit-oriented development and (b) regional
performance; 2023HB-06781-R000208-BA.DOCX
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9. coordinating municipalities’ submissions of plans to
affirmatively further fair housing (see § 24 below), including
compiling necessary data; and
10. annually preparing the public investment community index.
The bill requires the OPM secretary to (1) designate a member of his
staff to serve as the State Responsible Growth Coordinator and oversee
the Office of Responsible Growth and (2) adopt regulations related to
the office’s creation and responsibilities.
EFFECTIVE DATE: October 1, 2023
§ 24 — MUNICIPAL PLANS TO AFFIRMATIVELY FURTHER FAIR
HOUSING
Replaces the municipal affordable housing planning requirement under current law with a
requirement that municipalities (1) adopt plans, in consultation with the OPM State
Responsible Growth Coordinator, to affirmatively further fair housing and (2) submit the
plans to the growth coordinator pursuant to a schedule he or she sets, or be required to
expend certain state funding on developing affordable housing
Current law requires all municipalities to adopt an affordable
housing plan and submit a copy to OPM by June 1, 2022, and then at
least once every five years afterwards. The plan must detail how the
municipality will increase its number of affordable housing
developments, as defined under CGS § 8-30g.
The bill eliminates this requirement and related provisions. Instead,
beginning June 1, 2024, it requires all municipalities to adopt a plan to
affirmatively further fair housing (AFFH) in consultation with OPM’s
State Responsible Growth Coordinator (“growth coordinator”) (see §
23). Under the bill, an AFFH plan must be designed to:
1. develop additional affordable housing (the bill does not define
“affordable housing”),
2. overcome patterns of segregation and promote equity in housing
and community assets (see below), and
3. foster inclusive communities without barriers restricting access
to opportunities based on protected characteristics. 2023HB-06781-R000208-BA.DOCX
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The bill requires these plans to specify how a municipality will meet
the goals the plan sets.
It also sets requirements on the municipal AFFH planning process,
adoption schedule, compliance reporting, and noncompliance.
EFFECTIVE DATE: October 1, 2023
Definitions
Under the bill, “segregation” means a comparative geographic
concentration of people by race, color, national origin, religion, sex and
sexual orientation, gender identity and nonconformance with gender
stereotypes, and familial or disability status.
“Equity” means treatment of all individuals, regardless of protected
characteristics, that is consistently and systematically fair, just, and
nondiscriminatory. It includes concerted actions to overcome past
discrimination against underserved communities that have been denied
equal opportunity or otherwise adversely affected due to protected
characteristics, by public and private policies and practices that
perpetuated inequality, segregation, and poverty.
Municipal Planning Process and Adoption Schedule
The bill requires the growth coordinator, by January 1, 2024, to
develop and make available a data set for each municipality on its
demographic trends, including segregation trends.
As under the current law on municipal affordable housing planning,
the bill (1) allows a municipality to hold public informational meetings
or other activities to inform residents about the AFFH planning process
and (2) requires that it post a copy of any draft plan or amendment on
its website. The posting must occur at least 35 days before any public
hearings the municipality opts to hold on the plan. Also, following
adoption, a municipality must file the final plan in the town clerk’s office
and post the plan on its website.
A municipality must (1) adopt its AFFH plan by the date the growth
coordinator sets in schedule, and then at least once every five years 2023HB-06781-R000208-BA.DOCX
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afterwards, and (2) submit a copy to the coordinator each time the plan
is amended or adopted. The AFFH planning schedule the growth
coordinator sets must require approximately 20% of the state’s
municipalities to submit a plan each year. Under the bill, AFFH plans
are subject to the coordinator’s approval.
Compliance Reporting and Noncompliance
Beginning by December 1, 2024, the bill requires the chief executive
officer of each municipality to annually submit a sworn statement to the
Office of Responsible Growth that the municipality is compliant with its
adopted AFFH plan (see COMMENT). Starting on this date,
noncompliant municipalities (i.e., those that have failed to adopt a plan
pursuant to the growth coordinator’s schedule or submit a sworn
compliance statement) must use any Urban Act Grant Program or Small
Town Economic Assistance Program (STEAP) funding received related
to any economic and community development project for (1)
developing affordable housing or (2) infrastructure to support
affordable housing development. (It is unclear whether these funds may
be repurposed without prior approval from the State Bond Commission
for Urban Act grants, or administering agency for STEAP grants.)
Background — Related Bill
HB 6592, reported favorably by the Housing Committee, contains
provisions expanding the municipal affordable housing planning
requirement by requiring plans to specify how the municipality will
improve affordable housing unit accessibility for people with
developmental disabilities.
Comment — Conflict Between Reporting Deadlines
The bill requires the State Responsible Growth Coordinator, starting
June 1, 2024, to set a five-year schedule for municipalities to submit their
AFFH plans so that approximately 20% submit their plans each year.
However, the bill also requires each municipality to report to OPM each
year, beginning December 1, 2024, that they are complying with the
AFFH plan they adopted. It is unclear how municipalities can do so if
they have not yet adopted their plans under the five-year schedule. 2023HB-06781-R000208-BA.DOCX
Researcher: SM Page 15 3/23/23
§ 25 — SEWER CAPACITY TASK FORCE
Establishes a task force to create an inventory of existing sewer capacity in the state and a
plan to expand it in accordance with the state plan of conservation and development
Membership
The bill establishes an 11-member task force to create an inventory of
existing sewer capacity in the state and a plan to expand it in keeping
with the state plan of conservation and development.
Under the bill, task force members must include (1) the
commissioners of the Department of Energy and Environmental
Protection, Department of Public Health, and Department of Economic
and Community Development, or their designees; (2) two each
appointed by the House speaker and Senate president pro tempore; and
(3) one each appointed by the four other legislative leaders. Legislative
appointees may be members of the General Assembly.
The legislative leaders must make the initial task force appointments
no later than 30 days after the bill’s passage and appointing authorities
fill vacancies.
Administration and Reporting Requirement
The bill requires the House speaker and Senate president pro
tempore to select task force members to serve as chairpersons. The
chairpersons must schedule the task force’s first meeting and hold it no
later than 60 days after the bill’s passage.
The bill requires the task force, by January 1, 2024, to report its finding
and recommendations to the Planning and Development Committee.
The task force terminates when it submits this report or January 1, 2024,
whichever is later. The Planning and Development Committee’s
administrative staff serves as the task force’s administrative staff.
EFFECTIVE DATE: Upon passage
§§ 26 & 27 — 8-30G MORATORIA PO INTS FOR MIDDLE HOUS ING
AND AFFH PLANS
Awards municipalities points toward a moratorium from the 8-30g appeals procedure for
certain middle housing units (1) developed as of right and (2) located within a ¼ mile of a 2023HB-06781-R000208-BA.DOCX
Researcher: SM Page 16 3/23/23
transit district; authorizes municipalities to qualify for a lower 8-30g moratorium
threshold for adopting an AFFH plan, rather than an affordable housing plan
The bill awards a municipality 1.5 housing unit-equivalent (HUE)
points toward a moratorium under the CGS § 8-30g affordable housing
appeals procedure (“8-30g appeals procedure”) for a middle housing
unit in a set-aside development that (1) was developed as of right and
(2) is located within ¼ mile of a transit district (see Background).
(Presumably, this distance would be measured based on the boundaries
of the municipality or municipalities the transit district serves.)
Under existing law and unchanged by the bill, a set -aside
development means a development in which, for at least 40 years after
initial occupancy, at least 30% of the units are deed restricted.
Specifically, at least (1) 15% of the units must be deed restricted to
households earning 60% or less of the area median income (AMI) or
state median income (SMI), whichever is less, and (2) 15% of the units
must be deed restricted to households earning 80% or less of the AMI or
SMI, whichever is less.
Under the bill, “middle housing” includes duplexes, triplexes,
quadplexes, cottage clusters, and townhouses. Housing developed “as
of right” can be approved in keeping with zoning regulations without
requiring a public hearing, variance, special permit or exception, or any
other discretionary zoning action, except for a determination that a site
plan conforms with the applicable regulations.
By law, a municipality is generally eligible for a temporary
suspension of the 8-30g appeals procedure (i.e., a moratorium) each time
it shows it has added a certain number of affordable housing units over
the applicable time period (since July 1, 1990, for first moratoria). To be
granted a moratorium, a municipality must achieve the greater of (1) 75
HUE points or (2) HUE points equaling more than 2% of their total
housing stock, as determined by the most recent decennial census.
However, current law provides an exception for certain municipalities.
Under the exception, the 2% threshold drops to 1.5% for municipalities
that have at least 20,000 dwelling units, adopt an affordable housing
plan, and apply for a second or subsequent moratorium. To qualify for 2023HB-06781-R000208-BA.DOCX
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this exception, the bill requires a municipality to adopt an AFFH plan,
rather than an affordable housing plan (see § 24).
The bill also makes technical changes.
EFFECTIVE DATE: October 1, 2023
Background
Transit Districts. Transit districts are regional transportation
organizations formed by one or more municipalities and authorized by
law to acquire, operate, and finance land transportation, such as bus
lines and transit terminals. The transit districts can operate their own
services or contract with a private operator to provide services. A transit
district assumes the same regulatory and supervisory functions over
transit systems in its district that the state Department of Transportation
(DOT) would exercise, as long as the transit system would otherwise be
subject to DOT supervision.
Related Bill. sHB 6777, reported favorably by the Housing
Committee, includes a provision awarding municipalities two HUE
points toward a moratorium under the 8-30g appeals procedure for
residential properties subject to certain affordable housing deed
restrictions that qualify for tax abatement under the bill.
§ 28 — COMMON APPLIC ATION FOR RENTAL ASS ISTANCE
Requires the housing commissioner, in consultation with CHFA and housing authority
representatives, to develop and implement a standardized application form for affordable
housing programs in the state
The bill requires the DOH commissioner, in consultation with CHFA
and housing authority representatives that she selects, to develop and
implement a standardized application form (i.e., common application)
for households seeking affordable housing program benefits in the state.
The commissioner must do so by July 1, 2024. Beginning on this date,
entities in the state administering affordable housing programs must
accept the common application.
Under the bill, “affordable housing program” means DOH’s Rental
Assistance Program (RAP), the federal HCV program, or any other 2023HB-06781-R000208-BA.DOCX
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state-administered programs providing rental payment subsidies (these
types of programs are commonly referred to as “tenant-based rental
assistance”). (Housing authorities administering vouchers under the
HCV program are subject to federal regulations on, among other things,
program admission and the administration of waiting lists (24 C.F.R. §
982.201-.207).)
The bill allows the DOH commissioner to adopt implementing
regulations.
EFFECTIVE DATE: Upon passage
Background — Related Bill
SB 1049, reported favorably by the Housing Committee, contains
provisions requiring (1) housing authorities to provide DOH with a list
of applicants for their housing projects and (2) the department to adopt
regulations on creating and maintaining a statewide waiting list for
these applications.
§ 29 — DOH PROGRAM T O INCENTIVIZE LANDLO RD
PARTICIPATION IN TENANT -BASED RENTAL ASSISTANCE
PROGRAMS
Requires the DOH commissioner, within available appropriations and in consultation
with CHFA and housing authority representatives, to establish a program to incentivize
landlord participation in various tenant-based rental assistance programs
The bill requires the DOH commissioner, within available
appropriations and in consultation with CHFA and housing authority
representatives that she selects, to establish a program to encourage and
recruit landlords to accept from prospective tenants HCV vouchers,
RAP certificates, or payments from any other state-administered
programs providing rental payment subsidies. The program can include
advertisements, community outreach events, and communications with
landlords who participate in other state housing programs.
Under the bill, the housing commissioner must, beginning by
October 1, 2024, report annually to the Housing Committee on (1) the
program, including its effectiveness, and (2) related recommendations.
EFFECTIVE DATE: Upon passage 2023HB-06781-R000208-BA.DOCX
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§§ 30 & 31 — DOH RAP STUDY AND PROGRAM E XPENDITURES
Requires the DOH commissioner to (1) conduct a study, within available appropriations,
on methods to improve the efficiency of processing applications under RAP and (2)
affirmatively seek to spend all funds appropriated to the program annually
The bill requires the DOH commissioner, within available
appropriations, to conduct a study on methods to improve the efficiency
of processing applications under RAP. The study must include the
following components:
1. an analysis of current RAP application processing time, including
inspection timelines;
2. an assessment of the application process, including barriers or
challenges to applicants or landlords;
3. recommendations for improving the efficiency of the application
process, including the use of technology and alternative
processing methods; and
4. an estimate of the cost associated with implementing
recommended improvements.
Under the bill, the housing commissioner must submit a report on
the study’s findings and recommendations to the Housing Committee
by January 1, 2024.
Additionally, the bill requires the commissioner to affirmatively seek
to spend all funds appropriated to the program annually.
EFFECTIVE DATE: Upon passage , except the appropriations
provision is effective October 1, 2023.
Background — Related Bill
sHB 6706, reported favorably by the Housing Committee, contains
provisions making various changes to RAP, including, among other
things, (1) increasing the amount of time a participant is given to find
housing and execute a rental agreement under the program and (2)
setting statutory timelines for unit inspection and landlord payment. 2023HB-06781-R000208-BA.DOCX
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§ 32 — DOH PILOT PRO GRAM TO PROVIDE RELI EF TO
LANDLORDS PARTICIPAT ING IN TENANT -BASED RENTAL
ASSISTANCE PROGRAMS
Requires the DOH commissioner to establish a landlord relief pilot program to provide
financial assistance to qualifying landlords for eligible expenses incurred by renting to, or
seeking to rent to, a recipient of (1) a RAP certificate, (2) an HCV voucher, or (3) any
other state rental subsidy; caps this assistance at the lesser of $5,000 per tenancy or
$10,000 per dwelling unit
The bill requires the DOH commissioner to establish a landlord relief
pilot program to give financial assistance to qualifying Connecticut
landlords for eligible expenses incurred by renting to, or seeking to rent
to, a recipient of (1) a RAP certificate, (2) an HCV voucher, or (3) any
other state rental subsidy (i.e., a program-eligible tenant). The bill caps
this assistance at the lesser of $5,000 per tenancy or $10,000 per dwelling
unit. Assistance must be prorated based on the time between a program-
eligible tenant’s application and the date tenancy begins.
The bill requires the commissioner, on December 1, 2023, to begin
accepting landlord applications for financial assistance under the pilot
program, in a form she specifies. It also appropriates $5 million to DOH
from the General Fund for FY 24 for the pilot program (see § 44).
EFFECTIVE DATE: July 1, 2023
Eligible Expenses
Under the bill, “eligible expenses” include the following:
1. up to two months of lost rent incurred while holding a dwelling
unit for a program-eligible tenant while he or she seeks required
tenancy approval,
2. up to one month of lost rent incurred due to a vacancy caused by
a required unit inspection and any resulting needed repairs,
3. up to one month’s rent to cover the cost of repairing damages
caused by a program-eligible tenant that exceed normal wear and
tear, and
4. up to one month of lost rent due to a program-eligible tenant’s
early lease termination. 2023HB-06781-R000208-BA.DOCX
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Inspections and Additional Eligibility Criteria
The bill requires the housing commissioner to set dwelling unit
inspection criteria for landlords applying to the pilot program. Regular
unit inspections are required for participating landlords.
The bill allows the commissioner to adopt any additional landlord
eligibility criteria she deems appropriate for program administration,
including criteria based on the amount of rent a landlord charges.
Reporting Requirement
The bill requires the housing commissioner, beginning by December
1, 2024, to annually submit a program report to the Housing Committee
(1) analyzing the pilot program’s impact on the number of program-
eligible tenants successfully obtaining tenancy and (2) recommending
whether to permanently establish the program, including related
legislative proposals. Both the reporting requirement and pilot program
terminate on December 31, 2026.
§ 33 — REMOVAL OF CE RTAIN EVICTION RECOR DS FROM THE
JUDICIAL BRANCH WEBS ITE
Requires the judicial branch to remove from its website records or identifying information
related to eviction proceedings within specified time periods based on an action’s
disposition; prohibits the judicial branch from selling or transferring these removed
records for commercial purposes, such as consumer reporting or tenant screening
The bill requires the judicial branch to remove from its website any
records or identifying information (“records”) related to a summary
process action (i.e., eviction proceeding) that is withdrawn, dismissed
or nonsuited, or decided in the defendant’s (i.e., tenant’s) favor. The
judicial branch must do so within 30 days after the action’s disposition.
If an action is decided in favor of the plaintiff (i.e., landlord), the judicial
branch must remove the records not more than two years after judgment
is entered unless directed to do so sooner by court order.
The bill prohibits the judicial branch from including removed records
in any sale or transfer of bulk case records to a person or entity
purchasing the records for commercial purposes (e.g., selling the
records, providing consumer reporting- and prospective tenant
screening-related services, or using the records for any other financial 2023HB-06781-R000208-BA.DOCX
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gain). It also expressly prohibits these commercial purchasers from
disclosing a removed record. However, the bill exempts from this
prohibition the use of the records for governmental, scholarly,
educational, journalistic, or other noncommercial purposes.
The bill requires the judicial branch to restore a case to its website,
including any associated records that were previously removed, if there
is any activity in the case. Similarly, the judicial branch must retain
records on its website beyond their removal date if there is an ongoing
appeal. Under the bill, restored or retained records remain on the
judicial branch website until the later of (1) 30 days after the associated
case’s disposition or (2) the applicable time period from the original
disposition.
Finally, the bill specifies that its requirements do not prevent the
judicial branch or a case reporting service from publishing any formal
written judicial opinions.
EFFECTIVE DATE: January 1, 2024, and applicable to any summary
process action disposed of either before or after this date.
§§ 34-36 — REAL ESTATE CONVEYANCE TAX
Increases state real estate conveyance tax rates for conveyances of residential dwellings to
specified business entities; exempts conveyances of property with deed-restricted affordable
housing dwelling units from the tax; and requires the comptroller to transfer conveyance
tax revenue the state receives in excess of $180 million each fiscal year, annually adjusted
for inflation, to the Housing Trust Fund
Rate Increase for Certain Conveyances to Businesses (§ 34)
Under current law, all conveyances of residential dwellings are
subject to the state real estate conveyance tax at the following marginal
rates:
1. 0.75% on the first $800,000 of the sales price;
2. 1.25% on any portion of the sales price that exceeds $800,000 and
is less than or equal to $2.5 million; and
3. 2.25% on any portion of the sales price that exceeds $2.5 million.
Beginning July 1, 2023, the bill increases these rates to 1%, 1.5%, and 2023HB-06781-R000208-BA.DOCX
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2.5% for conveyances of residential dwellings where the buyer is a
business entity other than a sole proprietorship, limited liability
company, or limited liability partnership. (By law, the seller pays the tax
when he or she conveys the property.)
Conveyance Tax Exemption (§ 35)
The bill exempts from the real estate conveyance tax any deeds of
property with dwelling units where all of the units are deed-restricted
as affordable housing (i.e., housing where households earning no more
than the host municipality’s area median income, as determined by
HUD, spend 30% or less of their annual income on it). For property in
which only a portion of the units are deed-restricted affordable housing,
the exemption must be proportionately reduced based on the number
of unrestricted units.
Transfer of Conveyance Tax Revenue to Housing Trust Fund (§§
34 & 36)
Starting in FY 24, the bill requires the comptroller to transfer, from
the General Fund to the Housing Trust Fund, any conveyance tax
revenue the state receives each fiscal year in excess of $180 million.
Beginning with FY 25, the bill requires the threshold amount for this
transfer to be adjusted annually for inflation (i.e., the percentage
increase in the consumer price index for all urban consumers during the
preceding calendar year, calculated on a December over December basis
using U.S. Bureau of Labor Statistics data).
The bill also makes minor and technical changes to the Housing Trust
Fund law to allow these funds (as well as the bond funds described in §
37) to be deposited there.
EFFECTIVE DATE: July 1, 2023
§§ 36 & 37 — BOND AUTHORIZATION FOR HOUS ING TRUST FUND
Authorizes up to $75 million in state GO bonds for DOH to provide grants for converting
hotels, malls, and office buildings to multifamily dwellings in nondistressed
municipalities
The bill authorizes up to $75 million in state general obligation (GO)
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for converting hotels, malls, and office buildings to multifamily
dwellings in nondistressed municipalities. (The bill does not define
“nondistressed municipality.”) It directs these bond proceeds to the
Housing Trust Fund.
Under the bill, the bonds are subject to standard statutory bond
issuance procedures and repayment requirements.
EFFECTIVE DATE: July 1, 2023
§§ 38-45 — DOH AND OPM APPROPRIATIONS
Makes appropriations from the General Fund, for FYs 24 and 25, to DOH and OPM for
various housing-related purposes
The bill appropriates funds from the General Fund to DOH and OPM
for various purposes, as shown in the table below.
Table: DOH and OPM General Fund Appropriations
Recipient FY Amount Purpose
DOH
FYs 24 & 25 $20,000,000 Coordinated Access Networks
FYs 24 & 25 $83,000,000 Rental assistance programs
FYs 24 & 25 $2,000,000 2-1-1 program
FYs 24 & 25 $5,000,000 Diversionary and flexible housing programs
FY 24 $5,000,000 Landlord relief pilot program (see § 32)
FYs 24 & 25 $5,000,000 Assisting housing subsidy recipients to find
eligible housing units
OPM
FY 24 $250,000 Hiring a consultant to develop model codes
that municipalities may adopt
FYs 24 & 25 $5,000,000 Providing grants to any regional council of
governments for developing regional housing
inspection programs
EFFECTIVE DATE: July 1, 2023
COMMITTEE ACTION
Housing Committee
Joint Favorable Substitute
Yea 10 Nay 5 (03/02/2023)