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General Assembly Substitute Bill No. 6784
January Session, 2023
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 1
section: 2
(1) "Complex" means not less than two residential buildings on the 3
same or contiguous parcels of real property under the same 4
ownership; 5
(2) "Landlord" means any owner, lessor or sublessor of any rental 6
housing property development in this state; 7
(3) "Receiver" means any person or entity appointed by any court in 8
this state, subject to such court's direction, to take possession of and 9
manage any rental housing property development; and 10
(4) "Rental housing property development" means any privately 11
owned multifamily development or complex in this state consisting of 12
not less than five hundred units. 13
(b) Notwithstanding other remedies available to any tenant under 14
chapter 833a of the general statutes, any tenant of a rental housing 15
property development who claims that the landlord or owner of such 16
rental housing property development has failed to comply with any 17 Substitute Bill No. 6784
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state or local housing, health, safety, building or fire code may deliver 18
a written notice to the applicable local code enforcement officer 19
specifying the acts or omissions constituting such housing, health, 20
safety, building or fire code violation. 21
(c) The applicable local code enforcement officer shall (1) review 22
and investigate each claimed violation of any state or local housing, 23
health, safety, building or fire code submitted pursuant to subsection 24
(b) of this section, (2) maintain written documentation of each such 25
claimed violation, and (3) provide notice of each such claimed 26
violation to each local code enforcement officer for state or local 27
housing, health, safety, building or fire code violations. Upon receipt 28
of not less than twelve claimed violations of any state or local housing, 29
health, safety, building or fire code in any one calendar year submitted 30
by tenants of the same rental housing property development, any local 31
code enforcement officer may report such rental housing property 32
development to the Attorney General who may submit an application 33
for a private receivership in the superior court for the judicial district 34
in which the rental housing property development is located. 35
(d) The Attorney General may bring an action on behalf of tenants 36
occupying any rental housing property development in accordance 37
with the provisions of subsection (c) of this section, alleging under 38
oath the existence of any state or local housing, health, safety, building 39
or fire code violations. The complaint shall set forth the address of the 40
rental housing property development and a description of the 41
conditions alleged to be hazardous to life, health or safety. Such action 42
shall be brought in the superior court for the judicial district in which 43
the premises are located in the same manner as in a civil process 44
naming all landlords and owners of record as defendants. There shall 45
be no entry fee for such action. The Attorney General shall cause a 46
notice of the pendency of such action to be filed in the land records of 47
the town in which such premises are located. 48
(e) The Superior Court may refer any complaint filed in accordance 49
with the provisions of subsections (c) and (d) of this section to a referee 50 Substitute Bill No. 6784
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who shall hold a hearing thereon, except if the complaint alleges that 51
there is an imminent danger to the life, health or safety of the tenants, 52
the court shall issue an immediate ex parte order granting such relief 53
as the court deems appropriate, pending a full hearing to be held not 54
later than three days after such order is issued. Any retired judge of 55
the Superior Court shall be eligible to act as a referee. The referee shall 56
take such testimony as such referee deems material, view the rental 57
housing property development and, after the hearing, report such 58
referee's findings and recommendations to the court. The court shall 59
review such report and enter judgment. Such report may be rejected 60
for irregular or improper conduct in the performance of the duties of 61
such referee, in which event the court shall appoint another referee to 62
make a report. There shall be no right to a jury trial in any of the 63
proceedings. 64
(f) It shall be a sufficient defense to a proceeding under this section 65
for the landlord or owner to establish that such conditions: (1) Alleged 66
in the petition did not in fact exist; (2) have been removed or remedied; 67
(3) have been intentionally caused by any tenant residing at such rental 68
housing property development; or (4) do not constitute a violation of 69
any such state or local housing, health, safety, building or fire code. 70
(g) If the court finds that the Attorney General has failed to establish 71
each of the allegations of the complaint or that the landlord or owner 72
affirmatively established any defense specified in subsection (f) of this 73
section as to all allegations set forth in the complaint, the court shall 74
render a judgment dismissing such allegations. 75
(h) If the court finds that the Attorney General has established some 76
or all of the allegations of the complaint and that no defense as 77
specified in subsection (f) of this section has been affirmatively 78
established by the landlord or owner, the court shall render a 79
judgment directing that: (1) The rents due on the date of entry of such 80
judgment and rents to become due subsequent thereto from all tenants 81
occupying such property be deposited with a private receiver 82
appointed by the court; (2) such receiver apply such rents and, to the 83 Substitute Bill No. 6784
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extent necessary, remedy the condition alleged in the petition; (3) 84
when such condition has been remedied in accordance with such 85
judgment, any remaining surplus be turned over to the landlord or 86
owner, together with a complete accounting of the rents deposited and 87
the costs incurred; and (4) granting such other and further relief as the 88
court may deem just and proper. A certified copy of the judgment shall 89
be served upon the Attorney General and each tenant occupying such 90
rental housing property development by registered mail. Any receiver 91
appointed pursuant to this subsection may charge such owner or 92
landlord of such rental housing property development a fee that shall 93
not exceed ten per cent of the total monthly rental income of such 94
rental housing property development to carry out the requirements set 95
forth in this section. 96
(i) The right of the landlord or owner of such rental housing 97
property development to collect such rent from any tenant on or after 98
the date of entry of a judgment as provided in subsection (h) of this 99
section shall be void and unenforceable to the extent that such tenants 100
have deposited such rent with a private receiver in accordance with 101
the terms of the judgment rendered under subsection (h) of this 102
section, regardless of whether such right of the landlord or owner 103
arises from a lease, deed, contract, agreement or understanding, or 104
otherwise. It shall be a valid defense in any action or proceeding 105
against such tenants to recover possession of real property for 106
nonpayment of rent or for use or occupation to prove that such rent 107
alleged to be unpaid was deposited with a private receiver in 108
accordance with the terms of a judgment entered under subsection (h) 109
of this section. 110
(j) If the court finds that the facts alleged in the complaint have been 111
affirmatively established, that no defense thereto specified in 112
subsection (f) of this section has been affirmatively established by the 113
landlord or owner and that the facts alleged in the complaint warrant 114
the granting of the relief sought, the court, in lieu of rendering 115
judgment, may issue an order permitting the landlord or owner to 116 Substitute Bill No. 6784
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remove or remedy the condition in the complaint found to exist if such 117
landlord or owner (1) demonstrates the ability to undertake the work 118
required, and (2) posts security for the performance of such work 119
required within the time and in the manner and amount deemed 120
necessary by the court. 121
(k) If, after the issuance of an order issued pursuant to subsection (j) 122
of this section, the Attorney General, upon investigation, determines 123
that such person permitted to perform the work is not proceeding with 124
due diligence, the Attorney General shall apply to the court for a 125
hearing to determine whether judgment should be rendered 126
immediately as provided in subsection (l) of this section. 127
(l) If, upon a hearing authorized under subsection (k) of this section, 128
the court determines that the person permitted to perform such work 129
is not proceeding with due diligence, the court shall render a judgment 130
appointing a receiver as authorized in subsection (h) of this section. 131
The judgment shall direct such receiver to apply the security posted by 132
such person to remove or remedy any condition specified in the 133
petition. If the amount of such security is insufficient for such purpose, 134
the judgment shall direct the deposit of rents with such receiver as 135
authorized in subsection (h) of this section to the extent of such 136
deficiency. If such security exceeds the amount required to remove or 137
remedy such condition, the judgment shall direct such receiver to file 138
with the court, upon completion of the work, a full accounting of the 139
amount of such security and the expenditures made pursuant to such 140
judgment, and to turn over such surplus to the owner or landlord who 141
posted security, together with a copy of such accounting. 142
(m) Any such receiver shall be discharged upon rendering a 143
complete accounting to the court when (1) such condition has been 144
removed, (2) the costs authorized by subsections (a) to (l), inclusive, of 145
this section have been paid or reimbursed from the rents and income 146
of the property, and (3) the surplus money, if any, has been paid over 147
to the landlord or owner as the court may direct. The receiver may be 148
discharged at any time upon filing such receiver's accounting as 149 Substitute Bill No. 6784
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receiver. Upon the removal of such condition, the landlord or owner 150
may apply for the discharge of the receiver upon payment to such 151
receiver of all moneys expended by the receiver for removal of such 152
condition and all other costs authorized by this section that have not 153
been paid or reimbursed from the rents and income of the property. 154
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 New section
Statement of Legislative Commissioners:
In Subsec. (h), "the receiver" was changed to "such receiver", and "the
judgment" was changed to "such judgment" for clarity.
INS Joint Favorable Subst.