LCO No. 4512 1 of 6
General Assembly Raised Bill No. 6784
January Session, 2023
LCO No. 4512
Referred to Committee on INSURANCE AND REAL ESTATE
Introduced by:
(INS)
AN ACT CONCERNING NONCOMPLIANT LANDLORDS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2023) (a) As used in this section: 1
(1) "Landlord" means any owner, lessor or sublessor of any rental 2
housing property development in this state; 3
(2) "Receiver" means any person or entity appointed by any court in 4
this state, subject to such court's direction, to take possession of and 5
manage any rental housing property development; and 6
(3) "Rental housing property development" means any privately 7
owned multifamily dwelling in this state consisting of not less than five 8
hundred units. 9
(b) In addition to other remedies available to any tenant under title 10
47a of the general statutes, any tenant of a rental housing property 11
development who claims that the landlord or owner of such rental 12
housing property development has failed to comply with any state or 13
local health or fire code may deliver a written notice to the applicable 14 Raised Bill No. 6784
LCO No. 4512 2 of 6
local code enforcement officer specifying the acts or omissions 15
constituting any state or local health or fire code violation. 16
(c) Such local code enforcement officer shall review each claimed 17
violation of any state or local health or fire code submitted pursuant to 18
subsection (b) of this section. Upon receipt of not less than twelve 19
claimed violations in any one calendar year submitted by tenants of the 20
same rental housing property development , such local code 21
enforcement officer may report such rental housing property 22
development to the Attorney General who may submit an application 23
for a private receivership in the superior court for the judicial district in 24
which the rental housing property development is located. 25
(d) The Attorney General may bring an action on behalf of tenants 26
occupying any rental housing property development in accordance 27
with the provisions of subsection (c) of this section, alleging under oath 28
the existence of housing or fire code violations. The complaint shall set 29
forth the address of the rental housing property development and a 30
description of the conditions alleged to be hazardous to life, health and 31
safety. Such action shall be brought in the superior court for the judicial 32
district in which the premises are located in the same manner as in a 33
civil process naming all landlords and owners of record as defendants. 34
There shall be no entry fee for such action. The Attorney General shall 35
cause a notice of the pendency of such action to be filed in the land 36
records of the town in which such premises are located. 37
(e) The Superior Court may refer any complaint filed in accordance 38
with the provisions of subsections (c) and (d) of this section to a referee 39
who shall hold a hearing thereon, except if the complaint alleges that 40
there is an imminent danger to the life, health and safety of the tenants, 41
the court shall issue an immediate ex parte order granting such relief as 42
the court deems appropriate, pending a full hearing to be held not later 43
than three days after such order is issued. Any retired judge of the 44
Superior Court shall be eligible to act as a referee. The referee shall take 45
such testimony as such referee deems material, view the rental housing 46
property development and, after the hearing, report such referee's 47 Raised Bill No. 6784
LCO No. 4512 3 of 6
findings and recommendations to the court. The court shall review such 48
report and enter judgment. Such report may be rejected for irregular or 49
improper conduct in the performance of the duties of such referee, in 50
which event the court shall appoint another referee to make a report. 51
There shall be no right to a jury trial in any of the proceedings. 52
(f) It shall be a sufficient defense to a proceeding under this section 53
for the landlord or owner to establish that such condition or conditions: 54
(1) Alleged in the petition did not in fact exist; (2) have been removed or 55
remedied; or (3) have been caused by any tenant residing at such rental 56
housing property development. 57
(g) If the court finds that the Attorney General has failed to establish 58
the allegations of the complaint or that the landlord or owner 59
affirmatively established any defense specified in subsection (f) of this 60
section, the court shall render a judgment dismissing the complaint. 61
(h) If the court finds that the Attorney General has proved the 62
allegations of the complaint and that no defense as specified in 63
subsection (f) of this section has been affirmatively established by the 64
landlord or owner, the court shall render a judgment directing that: (1) 65
The rents due on the date of entry of such judgment and rents to become 66
due subsequent thereto from all tenants occupying such property be 67
deposited with a private receiver appointed by the court; (2) the receiver 68
apply such rents and, to the extent necessary, remedy the condition or 69
conditions alleged in the petition; (3) when such condition or conditions 70
have been remedied in accordance with the judgment, any remaining 71
surplus be turned over to the landlord or owner, together with a 72
complete accounting of the rents deposited and the costs incurred; and 73
(4) granting such other and further relief as the court may deem just and 74
proper. A certified copy of the judgment shall be served upon the 75
Attorney General and each tenant occupying such rental housing 76
property development by registered mail. Any receiver appointed 77
pursuant to this subsection may charge such owner or landlord of such 78
rental housing property development a fee that shall not exceed ten per 79
cent of the total monthly rental income of such rental housing property 80 Raised Bill No. 6784
LCO No. 4512 4 of 6
development to carry out the requirements set forth in this section. 81
(i) The right of the landlord or owner of such rental housing property 82
development to collect such rent from any tenant on or after the date of 83
entry of a judgment as provided in subsection (h) of this section shall be 84
void and unenforceable to the extent that such tenants have deposited 85
such rent with a private receiver in accordance with the terms of the 86
judgment rendered under subsection (h) of this section, regardless of 87
whether such right of the landlord or owner arises from a lease, deed, 88
contract, agreement or understanding, or otherwise. It shall be a valid 89
defense in any action or proceeding against such tenants to recover 90
possession of real property for nonpayment of rent or for use or 91
occupation to prove that such rent alleged to be unpaid was deposited 92
with a private receiver in accordance with the terms of a judgment 93
entered under subsection (h) of this section. 94
(j) If the court finds that the facts alleged in the complaint have been 95
affirmatively established, that no defense thereto specified in subsection 96
(f) of this section has been affirmatively established by the landlord or 97
owner and that the facts alleged in the complaint warrant the granting 98
of the relief sought, the court, in lieu of rendering judgment, may issue 99
an order permitting the landlord or owner to remove or remedy the 100
conditions in the complaint found to exist if such landlord or owner (1) 101
demonstrates the ability to undertake the work required, and (2) posts 102
security for the performance of such work required within the time and 103
in the manner and amount deemed necessary by the court. 104
(k) If, after the issuance of an order issued pursuant to subsection (j) 105
of this section, the Attorney General, upon investigation, determines 106
that such person permitted to perform the work is not proceeding with 107
due diligence, the Attorney General shall apply to the court for a hearing 108
to determine whether judgment should be rendered immediately as 109
provided in subsection (l) of this section. 110
(l) If, upon a hearing authorized under subsection (k) of this section, 111
the court determines that the person permitted to perform such work is 112 Raised Bill No. 6784
LCO No. 4512 5 of 6
not proceeding with due diligence, the court shall render a judgment 113
appointing a receiver as authorized in subsection (h) of this section. The 114
judgment shall direct such receiver to apply the security posted by such 115
person to remove or remedy any condition specified in the petition. If 116
the amount of such security is insufficient for such purpose, the 117
judgment shall direct the deposit of rents with such receiver as 118
authorized in subsection (h) of this section to the extent of such 119
deficiency. If such security exceeds the amount required to remove or 120
remedy such condition or conditions, the judgment shall direct such 121
receiver to file with the court, upon completion of the work, a full 122
accounting of the amount of such security and the expenditures made 123
pursuant to such judgment, and to turn over such surplus to the owner 124
or landlord who posted security, together with a copy of such 125
accounting. 126
(m) Any such receiver shall be discharged upon rendering a complete 127
accounting to the court when (1) such condition has been removed, (2) 128
the costs authorized by subsections (a) to (l), inclusive, of this section 129
have been paid or reimbursed from the rents and income of the 130
property, and (3) the surplus money, if any, has been paid over to the 131
landlord or owner as the court may direct. The receiver may be 132
discharged at any time upon filing such receiver's accounting as 133
receiver. Upon the removal of such condition, the landlord or owner 134
may apply for the discharge of the receiver upon payment to such 135
receiver of all moneys expended by the receiver for removal of such 136
condition and all other costs authorized by this section that have not 137
been paid or reimbursed from the rents and income of the property. 138
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 New section
Statement of Purpose:
To establish a process for the appointment of private receiverships to
oversee rental housing property developments where landlords or
owners fail to comply with state and local health and fire codes. Raised Bill No. 6784
LCO No. 4512 6 of 6
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]