163 | | - | Public Act No. 23-207 6 of 75 |
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164 | | - | |
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165 | | - | Sec. 5. Section 47a-1 of the general statutes is repealed and the |
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166 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
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167 | | - | As used in this chapter, [and] sections 47a-21, 47a-23 to 47a-23c, |
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168 | | - | inclusive, as amended by this act, 47a-26a to 47a-26g, inclusive, 47a-35 |
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169 | | - | to 47a-35b, inclusive, 47a-41a, 47a-43, [and] 47a-46 and [section] 47a-7b |
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170 | | - | and sections 4 and 6 of this act: |
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171 | | - | (a) "Action" includes recoupment, counterclaim, set-off, cause of |
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172 | | - | action and any other proceeding in which rights are determined, |
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173 | | - | including an action for possession. |
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174 | | - | (b) "Building and housing codes" include any law, ordinance or |
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175 | | - | governmental regulation concerning fitness for habitation or the |
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176 | | - | construction, maintenance, operation, occupancy, use or appearance of |
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177 | | - | any premises or dwelling unit. |
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178 | | - | (c) "Dwelling unit" means any house or building, or portion thereof, |
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179 | | - | which is occupied, is designed to be occupied, or is rented, leased or |
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180 | | - | hired out to be occupied, as a home or residence of one or more persons. |
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181 | | - | (d) "Landlord" means the owner, lessor or sublessor of the dwelling |
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182 | | - | unit, the building of which it is a part or the premises. |
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183 | | - | (e) "Owner" means one or more persons, jointly or severally, in whom |
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184 | | - | is vested (1) all or part of the legal title to property, or (2) all or part of |
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185 | | - | the beneficial ownership and a right to present use and enjoyment of the |
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186 | | - | premises and includes a mortgagee in possession. |
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187 | | - | (f) "Person" means an individual, corporation, limited liability |
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188 | | - | company, the state or any political subdivision thereof, or agency, |
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189 | | - | business trust, estate, trust, partnership or association, two or more |
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190 | | - | persons having a joint or common interest, and any other legal or |
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191 | | - | commercial entity. Substitute Senate Bill No. 998 |
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192 | | - | |
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193 | | - | Public Act No. 23-207 7 of 75 |
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194 | | - | |
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195 | | - | (g) "Premises" means a dwelling unit and the structure of which it is |
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196 | | - | a part and facilities and appurtenances therein and grounds, areas and |
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197 | | - | facilities held out for the use of tenants generally or whose use is |
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198 | | - | promised to the tenant. |
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199 | | - | (h) "Rent" means all periodic payments to be made to the landlord |
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200 | | - | under the rental agreement. |
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201 | | - | (i) "Rental agreement" means all agreements, written or oral, and |
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202 | | - | valid rules and regulations adopted under section 47a-9 or subsection |
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203 | | - | (d) of section 21-70 embodying the terms and conditions concerning the |
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204 | | - | use and occupancy of a dwelling unit or premises. |
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205 | | - | (j) "Roomer" means a person occupying a dwelling unit, which unit |
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206 | | - | does not include a refrigerator, stove, kitchen sink, toilet and shower or |
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207 | | - | bathtub and one or more of these facilities are used in common by other |
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208 | | - | occupants in the structure. |
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209 | | - | (k) "Single-family residence" means a structure maintained and used |
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210 | | - | as a single dwelling unit. Notwithstanding that a dwelling unit shares |
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211 | | - | one or more walls with another dwelling unit or has a common parking |
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212 | | - | facility, it is a single-family residence if it has direct access to a street or |
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213 | | - | thoroughfare and does not share heating facilities, hot water equipment |
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214 | | - | or any other essential facility or service with any other dwelling unit. |
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215 | | - | (l) "Tenant" means the lessee, sublessee or person entitled under a |
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216 | | - | rental agreement to occupy a dwelling unit or premises to the exclusion |
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217 | | - | of others or as is otherwise defined by law. |
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218 | | - | (m) "Tenement house" means any house or building, or portion |
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219 | | - | thereof, which is rented, leased or hired out to be occupied, or is |
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220 | | - | arranged or designed to be occupied, or is occupied, as the home or |
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221 | | - | residence of three or more families, living independently of each other, |
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222 | | - | and doing their cooking upon the premises, and having a common right |
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223 | | - | in the halls, stairways or yards. Substitute Senate Bill No. 998 |
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224 | | - | |
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225 | | - | Public Act No. 23-207 8 of 75 |
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226 | | - | |
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227 | | - | Sec. 6. (NEW) (Effective October 1, 2023) (a) As used in this section, |
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228 | | - | "tenant screening report" means a credit report, a criminal background |
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229 | | - | report, an employment history report, a rental history report or any |
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230 | | - | combination thereof, used by a landlord to determine the suitability of |
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231 | | - | a prospective tenant. |
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232 | | - | (b) No landlord may demand from a prospective tenant any |
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233 | | - | payment, fee or charge for the processing, review or acceptance of any |
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234 | | - | rental application, or demand any other payment, fee or charge before |
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235 | | - | or at the beginning of the tenancy, except a security deposit pursuant to |
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236 | | - | section 47a-21 of the general statutes, as amended by this act, advance |
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237 | | - | payment for the first month's rent or a deposit for a key or any special |
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238 | | - | equipment, or a fee for a tenant screening report as provided in |
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239 | | - | subsection (c) of this section. No landlord may charge a tenant a move- |
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240 | | - | in or move-out fee. |
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241 | | - | (c) On and after October 1, 2023, a landlord may charge a fee not |
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242 | | - | exceeding fifty dollars plus an adjustment reflecting any increase in the |
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243 | | - | consumer price index for urban consumers, as determined by the |
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244 | | - | Commissioner of Housing on an annual basis, for a tenant screening |
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245 | | - | report concerning a prospective tenant. |
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246 | | - | (d) A landlord that charges a fee for a tenant screening report |
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247 | | - | concerning a prospective tenant shall provide the prospective tenant |
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248 | | - | with (1) a copy of the tenant screening report or, if the landlord is |
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249 | | - | prohibited from providing such a copy, information concerning such |
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250 | | - | report that would allow such tenant to request a copy of such report |
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251 | | - | from the service provider that produced such report, and (2) a copy of |
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252 | | - | the receipt or invoice from the entity conducting the tenant screening |
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253 | | - | report concerning the prospective tenant. |
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254 | | - | Sec. 7. Subsection (a) of section 47a-4 of the general statutes is |
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255 | | - | repealed and the following is substituted in lieu thereof (Effective October |
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256 | | - | 1, 2023): Substitute Senate Bill No. 998 |
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257 | | - | |
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258 | | - | Public Act No. 23-207 9 of 75 |
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259 | | - | |
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260 | | - | (a) A rental agreement shall not provide that the tenant: (1) Agrees to |
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261 | | - | waive or forfeit rights or remedies under this chapter and sections 47a- |
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262 | | - | 21, as amended by this act, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a- |
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263 | | - | 26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, |
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264 | | - | or under any section of the general statutes or any municipal ordinance |
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265 | | - | unless such section or ordinance expressly states that such rights may |
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266 | | - | be waived; (2) authorizes the landlord to confess judgment on a claim |
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267 | | - | arising out of the rental agreement; (3) agrees to the exculpation or |
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268 | | - | limitation of any liability of the landlord arising under law or to |
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269 | | - | indemnify the landlord for that liability or the costs connected |
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270 | | - | therewith; (4) agrees to waive his right to the interest on the security |
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271 | | - | deposit pursuant to section 47a-21, as amended by this act; (5) agrees to |
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272 | | - | permit the landlord to dispossess him without resort to court order; (6) |
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273 | | - | consents to the distraint of his property for rent; (7) agrees to pay the |
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274 | | - | landlord's attorney's fees in excess of fifteen per cent of any judgment |
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275 | | - | against the tenant in any action in which money damages are awarded; |
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276 | | - | (8) agrees to pay a late charge prior to the expiration of the grace period |
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277 | | - | set forth in section 47a-15a, as amended by this act, or to pay rent in a |
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278 | | - | reduced amount if such rent is paid prior to the expiration of such grace |
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279 | | - | period; (9) agrees to pay a late charge on rent payments made |
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280 | | - | subsequent to such grace period in an amount exceeding the amounts |
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281 | | - | set forth in section 47a-15a, as amended by this act; or [(9)] (10) agrees |
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282 | | - | to pay a heat or utilities surcharge if heat or utilities is included in the |
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283 | | - | rental agreement. |
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284 | | - | Sec. 8. Section 47a-15a of the general statutes is repealed and the |
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285 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
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286 | | - | (a) If rent is unpaid when due and the tenant fails to pay rent within |
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287 | | - | nine days thereafter or, in the case of a one-week tenancy, within four |
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288 | | - | days thereafter, the landlord may terminate the rental agreement in |
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289 | | - | accordance with the provisions of sections 47a-23 to 47a-23b, inclusive. |
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290 | | - | For purposes of this section, "grace period" means the nine-day or four- Substitute Senate Bill No. 998 |
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291 | | - | |
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292 | | - | Public Act No. 23-207 10 of 75 |
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293 | | - | |
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294 | | - | day time periods identified in this subsection, as applicable. |
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295 | | - | (b) If a rental agreement contains a valid written agreement to pay a |
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296 | | - | late charge in accordance with subsection (a) of section 47a-4, as |
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297 | | - | amended by this act, a landlord may assess a tenant such a late charge |
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298 | | - | on a rent payment made subsequent to the grace period in accordance |
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299 | | - | with this section. Such late charge may not exceed the lesser of (1) five |
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300 | | - | dollars per day, up to a maximum of fifty dollars, or (2) five per cent of |
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301 | | - | the delinquent rent payment or, in the case of a rental agreement paid |
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302 | | - | in whole or in part by a governmental or charitable entity, five per cent |
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303 | | - | of the tenant's share of the delinquent rent payment. The landlord may |
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304 | | - | not assess more than one late charge upon a delinquent rent payment, |
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305 | | - | regardless of how long the rent remains unpaid. |
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306 | | - | Sec. 9. Section 8-339 of the general statutes is repealed and the |
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307 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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308 | | - | (a) The Commissioner of Housing shall establish, within available |
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309 | | - | appropriations, and administer a security deposit guarantee program |
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310 | | - | for [persons who (1) (A) are recipients of temporary family assistance, |
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311 | | - | aid under the state supplement program, or state-administered general |
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312 | | - | assistance, or (B) have a documented showing of financial need, and (2) |
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313 | | - | (A) are residing in emergency shelters or other emergency housing, |
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314 | | - | cannot remain in permanent housing due to any reason specified in |
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315 | | - | subsection (a) of section 17b-808, or are] (1) any individual or family |
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316 | | - | whose income is sixty per cent or less of the median income of the state, |
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317 | | - | adjusted for family size, as determined by the United States Department |
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318 | | - | of Housing and Urban Development and who have a documented |
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319 | | - | financial need as determined by the commissioner, (2) any individual |
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320 | | - | who is served a writ, summons and complaint in a summary process |
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321 | | - | action instituted pursuant to chapter 832, or [(B) have] (3) any individual |
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322 | | - | who receives a certificate or voucher from a rental assistance program |
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323 | | - | or federal [Section 8] Housing Choice Voucher program. Under the |
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324 | | - | security deposit guarantee program, the [Commissioner of Housing] Substitute Senate Bill No. 998 |
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325 | | - | |
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326 | | - | Public Act No. 23-207 11 of 75 |
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327 | | - | |
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328 | | - | commissioner may provide security deposit guarantees for use by |
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329 | | - | [such] persons who are eligible pursuant to this subsection in lieu of a |
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330 | | - | security deposit on a rental dwelling unit. Eligible persons may receive |
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331 | | - | a security deposit guarantee in an amount not to exceed the equivalent |
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332 | | - | of two months' rent on such rental unit. No person may apply for and |
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333 | | - | receive a security deposit guarantee more than once in any [eighteen- |
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334 | | - | month] twenty-four-month period without the express authorization of |
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335 | | - | the [Commissioner of Housing] commissioner, except as provided in |
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336 | | - | subsection (b) of this section. The [Commissioner of Housing] |
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337 | | - | commissioner may deny eligibility for the [security deposit guarantee] |
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338 | | - | program to an applicant for whom the commissioner has paid [two] one |
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339 | | - | or more claims by landlords. The [Commissioner of Housing] |
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340 | | - | commissioner shall prioritize the provision of security deposit |
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341 | | - | guarantees to eligible veterans and may establish priorities for |
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342 | | - | providing security deposit guarantees to other eligible persons |
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343 | | - | described in [subparagraphs (A) and (B) of subdivision (2)] subdivisions |
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344 | | - | (1) to (3), inclusive, of this subsection in order to administer the program |
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345 | | - | within available appropriations. |
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346 | | - | (b) In the case of any person who qualifies for a guarantee, the |
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347 | | - | [Commissioner of Housing] commissioner, or any local or regional |
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348 | | - | nonprofit corporation or social service organization under contract with |
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349 | | - | the Department of Housing to assist in the administration of the |
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350 | | - | [security deposit guarantee] program established pursuant to |
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351 | | - | subsection (a) of this section, may execute a written agreement to pay |
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352 | | - | the landlord for any damages suffered by the landlord due to the |
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353 | | - | tenant's failure to comply with such tenant's obligations, as defined in |
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354 | | - | section 47a-21, as amended by this act, provided the amount of any such |
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355 | | - | payment shall not exceed the amount of the requested security deposit. |
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356 | | - | Notwithstanding the provisions of subsection (a) of this section, if a |
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357 | | - | person who has previously received a grant for a security deposit or a |
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358 | | - | security deposit guarantee becomes eligible for a subsequent security |
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359 | | - | deposit guarantee within [eighteen] twenty-four months after a claim Substitute Senate Bill No. 998 |
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360 | | - | |
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361 | | - | Public Act No. 23-207 12 of 75 |
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362 | | - | |
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363 | | - | has been paid on a prior security deposit guarantee, such person may |
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364 | | - | receive a security deposit guarantee. The amount of the subsequent |
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365 | | - | security deposit guarantee for which such person would otherwise have |
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366 | | - | been eligible shall be reduced by (1) any amount of a previous grant |
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367 | | - | which has not been returned to the department pursuant to section 47a- |
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368 | | - | 21, as amended by this act, or (2) the amount of any payment made to |
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369 | | - | the landlord for damages pursuant to this subsection. |
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370 | | - | (c) Any payment made pursuant to this section to any person |
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371 | | - | receiving temporary family assistance, aid under the state supplement |
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372 | | - | program or state-administered general assistance shall not be deducted |
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373 | | - | from the amount of assistance to which the recipient would otherwise |
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374 | | - | be entitled. |
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375 | | - | (d) On and after July 1, 2000, no special need or special benefit |
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376 | | - | payments shall be made by the commissioner for security deposits from |
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377 | | - | the temporary family assistance, state supplement, or state- |
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378 | | - | administered general assistance programs. |
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379 | | - | (e) The [Commissioner of Housing] commissioner may, within |
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380 | | - | available appropriations, on a case-by-case basis, provide a security |
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381 | | - | deposit grant to a person eligible for the [security deposit guarantee] |
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382 | | - | program established under subsection (a) of this section, in an amount |
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383 | | - | not to exceed the equivalent of one month's rent on such rental unit, |
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384 | | - | provided the commissioner determines that emergency circumstances |
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385 | | - | exist which threaten the health, safety or welfare of a child who resides |
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386 | | - | with such person. Such person shall not be eligible for more than one |
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387 | | - | such grant without the authorization of said commissioner. Nothing in |
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388 | | - | this section shall preclude the approval of such one-month security |
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389 | | - | deposit grant in conjunction with a one-month security deposit |
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390 | | - | guarantee. |
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391 | | - | (f) The [Commissioner of Housing] commissioner may provide a |
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392 | | - | security deposit grant to a person receiving such grant through any local Substitute Senate Bill No. 998 |
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393 | | - | |
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394 | | - | Public Act No. 23-207 13 of 75 |
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395 | | - | |
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396 | | - | or regional nonprofit corporation or social service organization under |
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397 | | - | an existing contract with the Department of Housing to assist in the |
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398 | | - | administration of the security deposit program. [, but in no event shall |
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399 | | - | a payment be authorized after October 1, 2000.] Nothing in this section |
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400 | | - | shall preclude the commissioner from entering into a contract with one |
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401 | | - | or more local or regional nonprofit corporations or social service |
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402 | | - | organizations for the purpose of issuing security deposit guarantees. |
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403 | | - | (g) A landlord may submit a claim for damages not later than [forty- |
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404 | | - | five] twenty days after the date of termination of the tenancy. Payment |
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405 | | - | shall be made only for a claim that includes receipts for repairs made. |
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406 | | - | No claim shall be paid for an apartment from which a tenant vacated |
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407 | | - | because substandard conditions made the apartment uninhabitable, as |
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408 | | - | determined by a local, state or federal regulatory agency. |
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409 | | - | (h) Any person with income exceeding one hundred fifty per cent of |
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410 | | - | the federal poverty level, who is found eligible to receive a security |
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411 | | - | deposit guarantee under this section and for whom the commissioner |
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412 | | - | has paid a claim by a landlord, shall contribute [five] fifty per cent of |
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413 | | - | one month's rent to the payment of the security deposit. The |
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414 | | - | commissioner may waive such payment for good cause. |
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415 | | - | (i) The [Commissioner of Housing] commissioner shall adopt |
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416 | | - | regulations, in accordance with the provisions of chapter 54, to |
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417 | | - | administer the program established pursuant to this section and to set |
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418 | | - | eligibility criteria for the program, but may implement the program |
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419 | | - | while in the process of adopting such regulations provided notice of |
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420 | | - | intent to adopt the regulations is published [in the Connecticut Law |
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421 | | - | Journal within] on the eRegulations System not later than twenty days |
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422 | | - | after implementation. |
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423 | | - | Sec. 10. Section 47a-23c of the general statutes is repealed and the |
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424 | | - | following is substituted in lieu thereof (Effective October 1, 2023): Substitute Senate Bill No. 998 |
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425 | | - | |
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426 | | - | Public Act No. 23-207 14 of 75 |
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427 | | - | |
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428 | | - | (a) (1) Except as provided in subdivision (2) of this subsection, this |
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429 | | - | section applies to any tenant who resides in a building or complex |
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430 | | - | consisting of five or more separate dwelling units or who resides in a |
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431 | | - | mobile manufactured home park and who is either: (A) Sixty-two years |
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432 | | - | of age or older, or whose spouse, sibling, parent or grandparent is sixty- |
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433 | | - | two years of age or older and permanently resides with that tenant, or |
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434 | | - | (B) a person with a physical or mental disability, as defined in |
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435 | | - | subdivision [(8)] (12) of section 46a-64b, or whose spouse, sibling, child, |
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436 | | - | parent or grandparent is a person with a physical or mental disability |
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437 | | - | who permanently resides with that tenant, but only if such disability can |
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438 | | - | be expected to result in death or to last for a continuous period of at least |
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439 | | - | twelve months. |
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440 | | - | (2) With respect to tenants in common interest communities, this |
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441 | | - | section applies only to (A) a conversion tenant, as defined in subsection |
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442 | | - | (3) of section 47-283, who (i) is described in subdivision (1) of this |
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443 | | - | subsection, or (ii) is not described in subdivision (1) of this subsection |
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444 | | - | but, during a transition period, as defined in subsection (4) of section 47- |
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445 | | - | 283, is residing in a conversion condominium created after May 6, 1980, |
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446 | | - | or in any other conversion common interest community created after |
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447 | | - | December 31, 1982, or (iii) is not described in subdivision (1) of this |
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448 | | - | subsection but is otherwise protected as a conversion tenant by public |
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449 | | - | act 80-370, and (B) a tenant who is not a conversion tenant but who is |
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450 | | - | described in subdivision (1) of this subsection if his landlord owns five |
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451 | | - | or more dwelling units in the common interest community in which the |
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452 | | - | dwelling unit is located. |
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453 | | - | (3) As used in this section, "tenant" includes each resident of a mobile |
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454 | | - | manufactured home park, as defined in section 21-64, including a |
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455 | | - | resident who owns his own home, "landlord" includes a "licensee" and |
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456 | | - | an "owner" of a mobile manufactured home park, as defined in section |
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457 | | - | 21-64, "complex" means two or more buildings on the same or |
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458 | | - | contiguous parcels of real property under the same ownership, and Substitute Senate Bill No. 998 |
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459 | | - | |
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460 | | - | Public Act No. 23-207 15 of 75 |
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461 | | - | |
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462 | | - | "mobile manufactured home park" means a parcel of real property, or |
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463 | | - | contiguous parcels of real property under the same ownership, upon |
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464 | | - | which five or more mobile manufactured homes occupied for |
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465 | | - | residential purposes are located. |
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466 | | - | (b) (1) No landlord may bring an action of summary process or other |
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467 | | - | action to dispossess a tenant described in subsection (a) of this section |
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468 | | - | except for one or more of the following reasons: (A) Nonpayment of |
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469 | | - | rent; (B) refusal to agree to a fair and equitable rent increase, as defined |
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470 | | - | in subsection (c) of this section; (C) material noncompliance with section |
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471 | | - | 47a-11 or subsection (b) of section 21-82, which materially affects the |
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472 | | - | health and safety of the other tenants or which materially affects the |
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473 | | - | physical condition of the premises; (D) voiding of the rental agreement |
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474 | | - | pursuant to section 47a-31, or material noncompliance with the rental |
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475 | | - | agreement; (E) material noncompliance with the rules and regulations |
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476 | | - | of the landlord adopted in accordance with section 47a-9 or 21-70; (F) |
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477 | | - | permanent removal by the landlord of the dwelling unit of such tenant |
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478 | | - | from the housing market; or (G) bona fide intention by the landlord to |
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479 | | - | use such dwelling unit as his principal residence. |
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480 | | - | (2) The ground stated in subparagraph (G) of subdivision (1) of this |
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481 | | - | subsection is not available to the owner of a dwelling unit in a common |
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482 | | - | interest community occupied by a conversion tenant. |
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483 | | - | (3) A tenant may not be dispossessed for a reason described in |
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484 | | - | subparagraph (B), (F) or (G) of subdivision (1) of this subsection during |
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485 | | - | the term of any existing rental agreement. |
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486 | | - | (c) (1) The rent of a tenant protected by this section may be increased |
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487 | | - | only to the extent that such increase is fair and equitable, based on the |
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488 | | - | criteria set forth in section 7-148c. |
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489 | | - | (2) Any such tenant aggrieved by a rent increase or proposed rent |
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490 | | - | increase may file a complaint with the fair rent commission, if any, for Substitute Senate Bill No. 998 |
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491 | | - | |
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492 | | - | Public Act No. 23-207 16 of 75 |
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493 | | - | |
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494 | | - | the town, city or borough where his dwelling unit or mobile |
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495 | | - | manufactured home park lot is located; or, if no such fair rent |
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496 | | - | commission exists, may bring an action in the Superior Court to contest |
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497 | | - | the increase. In any such court proceeding, the court shall determine |
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498 | | - | whether the rent increase is fair and equitable, based on the criteria set |
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499 | | - | forth in section 7-148c. |
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500 | | - | (d) A landlord, to determine whether a tenant is a protected tenant, |
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501 | | - | as described in subdivision (1) of subsection (a) of this section, may |
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502 | | - | request proof of such protected status. On such request, any tenant |
---|
503 | | - | claiming protection shall provide proof of the protected status within |
---|
504 | | - | thirty days. The proof shall include a statement of a physician or an |
---|
505 | | - | advanced practice registered nurse in the case of alleged blindness or |
---|
506 | | - | other physical disability. |
---|
507 | | - | (e) (1) On and after January 1, 2024, whenever a dwelling unit located |
---|
508 | | - | in a building or complex consisting of five or more separate dwelling |
---|
509 | | - | units or in a mobile manufactured home park is rented to, or a rental |
---|
510 | | - | agreement is entered into or renewed with, a tenant, the landlord of |
---|
511 | | - | such dwelling unit or such landlord's agent shall provide such tenant |
---|
512 | | - | with written notice of the provisions of subsections (b) and (c) of this |
---|
513 | | - | section in a form as described in subdivision (2) of this subsection. |
---|
514 | | - | (2) Not later than December 1, 2023, the Commissioner of Housing |
---|
515 | | - | shall create a notice to be used by landlords, pursuant to subdivision (1) |
---|
516 | | - | of this subsection, to inform tenants of the rights provided to protected |
---|
517 | | - | tenants under subsections (b) and (c) of this section. Such notice shall be |
---|
518 | | - | a one-page, plain-language summary of such rights and shall be |
---|
519 | | - | available in both English and Spanish. Not later than December 1, 2023, |
---|
520 | | - | such notice shall be posted on the Department of Housing's Internet web |
---|
521 | | - | site. |
---|
522 | | - | (3) Not later than December 1, 2028, the commissioner shall (A) |
---|
523 | | - | translate the notice required under subdivision (2) of this subsection Substitute Senate Bill No. 998 |
---|
524 | | - | |
---|
525 | | - | Public Act No. 23-207 17 of 75 |
---|
526 | | - | |
---|
527 | | - | into the five most commonly spoken languages in the state, as |
---|
528 | | - | determined by the commissioner, and (B) post such translations on the |
---|
529 | | - | Department of Housing's Internet web site not later than December 1, |
---|
530 | | - | 2028. |
---|
531 | | - | Sec. 11. Subsection (a) of section 8-41 of the general statutes is |
---|
532 | | - | repealed and the following is substituted in lieu thereof (Effective October |
---|
533 | | - | 1, 2023): |
---|
534 | | - | (a) For purposes of this section, a "tenant of the authority" means a |
---|
535 | | - | tenant who lives in housing owned or managed by a housing authority |
---|
536 | | - | or who is receiving housing assistance in a housing program directly |
---|
537 | | - | administered by such authority. When the governing body of a |
---|
538 | | - | municipality other than a town adopts a resolution as described in |
---|
539 | | - | section 8-40, it shall promptly notify the chief executive officer of such |
---|
540 | | - | adoption. Upon receiving such notice, the chief executive officer shall |
---|
541 | | - | appoint five persons who are residents of [said] such municipality as |
---|
542 | | - | commissioners of the authority, except that the chief executive officer |
---|
543 | | - | may appoint two additional persons who are residents of the |
---|
544 | | - | municipality if (1) the authority operates more than three thousand |
---|
545 | | - | units, or (2) upon the appointment of a tenant commissioner pursuant |
---|
546 | | - | to subsection (c) of this section, the additional appointments are |
---|
547 | | - | necessary to achieve compliance with 24 CFR 964.415 or section 9-167a. |
---|
548 | | - | If the governing body of a town adopts such a resolution, such body |
---|
549 | | - | shall appoint five persons who are residents of [said] such town as |
---|
550 | | - | commissioners of the authority created for such town, except that such |
---|
551 | | - | body may appoint two additional persons who are residents of the town |
---|
552 | | - | if, upon the appointment of a tenant commissioner pursuant to |
---|
553 | | - | subsection (c) of this section, the additional appointments are necessary |
---|
554 | | - | to achieve compliance with 24 CFR 964.415 or section 9-167a. The |
---|
555 | | - | commissioners who are first so appointed shall be designated to serve |
---|
556 | | - | for a term of either one, two, three, four or five years, except that if the |
---|
557 | | - | authority has five members, the terms of not more than one member Substitute Senate Bill No. 998 |
---|
558 | | - | |
---|
559 | | - | Public Act No. 23-207 18 of 75 |
---|
560 | | - | |
---|
561 | | - | shall expire in the same year. Terms shall commence on the first day of |
---|
562 | | - | the month next succeeding the date of their appointment, and annually |
---|
563 | | - | thereafter a commissioner shall be appointed to serve for five years |
---|
564 | | - | except that any vacancy which may occur because of a change of |
---|
565 | | - | residence by a commissioner, removal of a commissioner, resignation or |
---|
566 | | - | death shall be filled for the unexpired portion of the term. If a governing |
---|
567 | | - | body increases the membership of the authority on or after July 1, 1995, |
---|
568 | | - | such governing body shall, by resolution, provide for a term of five |
---|
569 | | - | years for each such additional member. The term of the chairman shall |
---|
570 | | - | be three years. At least one of such commissioners of an authority |
---|
571 | | - | having five members, and at least two of such commissioners of an |
---|
572 | | - | authority having more than five members, shall be a tenant or tenants |
---|
573 | | - | of the authority selected pursuant to subsection (c) of this section. If, on |
---|
574 | | - | October 1, 1979, a municipality has adopted a resolution as described in |
---|
575 | | - | section 8-40, but has no tenants serving as commissioners, the chief |
---|
576 | | - | executive officer of a municipality other than a town or the governing |
---|
577 | | - | body of a town shall appoint a tenant who meets the qualifications set |
---|
578 | | - | out in this section as a commissioner of such authority when the next |
---|
579 | | - | vacancy occurs. No commissioner of an authority may hold any public |
---|
580 | | - | office in the municipality for which the authority is created. A |
---|
581 | | - | commissioner shall hold office until [said] such commissioner's |
---|
582 | | - | successor is appointed and has qualified. Not later than January 1, 2024, |
---|
583 | | - | each commissioner who is serving on said date and, thereafter, upon |
---|
584 | | - | appointment, each newly appointed commissioner who is not a |
---|
585 | | - | reappointed commissioner, shall participate in a training for housing |
---|
586 | | - | authority commissioners provided by an industry-recognized training |
---|
587 | | - | provider. A certificate of the appointment or reappointment of any |
---|
588 | | - | commissioner shall be filed with the clerk and shall be conclusive |
---|
589 | | - | evidence of the legal appointment of such commissioner, after said |
---|
590 | | - | commissioner has taken an oath in the form prescribed in the first |
---|
591 | | - | paragraph of section 1-25. The powers of each authority shall be vested |
---|
592 | | - | in the commissioners thereof. Three commissioners shall constitute a |
---|
593 | | - | quorum if the authority consists of five commissioners. Four Substitute Senate Bill No. 998 |
---|
594 | | - | |
---|
595 | | - | Public Act No. 23-207 19 of 75 |
---|
596 | | - | |
---|
597 | | - | commissioners shall constitute a quorum if the authority consists of |
---|
598 | | - | more than five commissioners. Action may be taken by the authority |
---|
599 | | - | upon a vote of not less than a majority of the commissioners present [,] |
---|
600 | | - | unless the bylaws of the authority require a larger number. The chief |
---|
601 | | - | executive officer, or, in the case of an authority for a town, the governing |
---|
602 | | - | body of the town, shall designate which of the commissioners shall be |
---|
603 | | - | the first chairman, but when the office of chairman of the authority |
---|
604 | | - | becomes vacant, the authority shall select a chairman from among its |
---|
605 | | - | commissioners. An authority shall select from among its commissioners |
---|
606 | | - | a vice chairman, and it may employ a secretary, who shall be executive |
---|
607 | | - | director, and technical experts and such other officers, agents and |
---|
608 | | - | employees, permanent and temporary, as it requires, and shall |
---|
609 | | - | determine their qualifications, duties and compensation, provided, in |
---|
610 | | - | municipalities having a civil service law, all appointments and |
---|
611 | | - | promotions, except the employment of the secretary, shall be based on |
---|
612 | | - | examinations given and lists prepared under such law, and, except so |
---|
613 | | - | far as may be inconsistent with the terms of this chapter, such civil |
---|
614 | | - | service law and regulations adopted thereunder shall apply to such |
---|
615 | | - | housing authority and its personnel. For such legal services as it |
---|
616 | | - | requires, an authority may employ its own counsel and legal staff. An |
---|
617 | | - | authority may delegate any of its powers and duties to one or more of |
---|
618 | | - | its agents or employees. A commissioner, or any employee of the |
---|
619 | | - | authority who handles its funds, shall be required to furnish an |
---|
620 | | - | adequate bond. The commissioners shall serve without compensation, |
---|
621 | | - | but shall be entitled to reimbursement for their actual and necessary |
---|
622 | | - | expenses incurred in the performance of their official duties. |
---|
623 | | - | Sec. 12. Section 8-68f of the general statutes is repealed and the |
---|
624 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
---|
625 | | - | Each housing authority [which] that receives financial assistance |
---|
626 | | - | under any state housing program, and the Connecticut Housing Finance |
---|
627 | | - | Authority or its subsidiary when said authority or subsidiary is the Substitute Senate Bill No. 998 |
---|
628 | | - | |
---|
629 | | - | Public Act No. 23-207 20 of 75 |
---|
630 | | - | |
---|
631 | | - | successor owner of housing previously owned by a housing authority |
---|
632 | | - | under part II or part VI of this chapter, shall, for housing which it owns |
---|
633 | | - | and operates, (1) provide each of its tenants with a written lease, (2) |
---|
634 | | - | provide each of its tenants, at the time the tenant signs an initial lease |
---|
635 | | - | and annually thereafter, with contact information for the management |
---|
636 | | - | of the housing authority, the local health department and the |
---|
637 | | - | Commission on Human Rights and Opportunities, and a copy of the |
---|
638 | | - | guidance concerning the rights and responsibilities of landlords and |
---|
639 | | - | tenants that is posted on the Internet web site of the judicial branch, (3) |
---|
640 | | - | adopt a procedure for hearing tenant complaints and grievances, [(3)] |
---|
641 | | - | (4) adopt procedures for soliciting tenant comment on proposed |
---|
642 | | - | changes in housing authority policies and procedures, including |
---|
643 | | - | changes to its lease and to its admission and occupancy policies, and |
---|
644 | | - | [(4)] (5) encourage tenant participation in the housing authority's |
---|
645 | | - | operation of state housing programs, including, where appropriate, the |
---|
646 | | - | facilitation of tenant participation in the management of housing |
---|
647 | | - | projects. If such housing authority or the Connecticut Housing Finance |
---|
648 | | - | Authority or its subsidiary operates both a federal and a state-assisted |
---|
649 | | - | housing program, it shall use the same procedure for hearing tenant |
---|
650 | | - | grievances in both programs. The Commissioner of Housing shall adopt |
---|
651 | | - | regulations, in accordance with the provisions of chapter 54, to establish |
---|
652 | | - | uniform minimum standards for the requirements in this section. |
---|
653 | | - | Sec. 13. (NEW) (Effective October 1, 2023) (a) The Commissioner of |
---|
654 | | - | Housing shall, within existing appropriations, develop standardized |
---|
655 | | - | rental agreement forms that may be used by landlords and tenants in |
---|
656 | | - | the state. Such forms shall contain the essential terms of a rental |
---|
657 | | - | agreement between any landlord and any tenant, be designed to be |
---|
658 | | - | easily read and understood and include plain language explanations of |
---|
659 | | - | all terms and conditions of the agreement, including, but not limited to, |
---|
660 | | - | rent, fees, deposits and other charges. The commissioner shall make |
---|
661 | | - | such forms available in both English and Spanish and shall post such |
---|
662 | | - | forms on the Department of Housing's Internet web site not later than Substitute Senate Bill No. 998 |
---|
663 | | - | |
---|
664 | | - | Public Act No. 23-207 21 of 75 |
---|
665 | | - | |
---|
666 | | - | July 1, 2024, and shall revise such forms from time to time, at the |
---|
667 | | - | commissioner's discretion. |
---|
668 | | - | (b) Not later than December 1, 2028, the commissioner shall (1) |
---|
669 | | - | translate the forms developed pursuant to subsection (a) of this section |
---|
670 | | - | into the five most commonly spoken languages in the state, as |
---|
671 | | - | determined by the commissioner, and (2) post such translations on the |
---|
672 | | - | Department of Housing's Internet web site not later than December 1, |
---|
673 | | - | 2028. |
---|
674 | | - | Sec. 14. Section 47a-58 of the general statutes is repealed and the |
---|
675 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
---|
676 | | - | (a) Any enforcing agency may issue a notice of violation to any |
---|
677 | | - | person who violates any provision of this chapter or a provision of a |
---|
678 | | - | local housing code. If an enforcing agency issues an order to a registrant, |
---|
679 | | - | such order may be delivered in accordance with section 7-148ii, |
---|
680 | | - | provided nothing in this section shall preclude an enforcing agency |
---|
681 | | - | from providing notice in another manner permitted by applicable law. |
---|
682 | | - | Such notice shall specify each violation and specify the last day by which |
---|
683 | | - | such violation shall be corrected. The date specified shall not be less than |
---|
684 | | - | three weeks from the date of mailing of such notice, provided that in the |
---|
685 | | - | case of a condition, which in the judgment of the enforcing agency is or |
---|
686 | | - | in its effect is dangerous or detrimental to life or health, the date |
---|
687 | | - | specified shall not be more than five days from the date of mailing of |
---|
688 | | - | such notice. The enforcing agency may postpone the last day by which |
---|
689 | | - | a violation shall be corrected upon a showing by the owner or other |
---|
690 | | - | responsible person that he has begun to correct the violation but that |
---|
691 | | - | full correction of the violation cannot be completed within the time |
---|
692 | | - | provided because of technical difficulties, inability to obtain necessary |
---|
693 | | - | materials or labor or inability to gain access to the dwelling unit wherein |
---|
694 | | - | the violation exists. |
---|
695 | | - | (b) When the owner or other responsible person has corrected such Substitute Senate Bill No. 998 |
---|
696 | | - | |
---|
697 | | - | Public Act No. 23-207 22 of 75 |
---|
698 | | - | |
---|
699 | | - | violation, the owner or other responsible person shall promptly, but not |
---|
700 | | - | later than two weeks after such correction, report to the enforcing |
---|
701 | | - | agency in writing, indicating the date when each violation was |
---|
702 | | - | corrected. It shall be presumed that the violation was corrected on the |
---|
703 | | - | date so indicated, unless a subsequent inspection by the enforcing |
---|
704 | | - | agency again reveals the existence of the condition giving rise to the |
---|
705 | | - | earlier notice of violation. |
---|
706 | | - | (c) Any person who fails to correct any violation prior to the date set |
---|
707 | | - | forth in the notice of violation shall be subject to a cumulative civil |
---|
708 | | - | penalty of five dollars per day for each violation from the date set for |
---|
709 | | - | correction in the notice of violation to the date such violation is |
---|
710 | | - | corrected, except that in any case, the penalty shall not exceed one |
---|
711 | | - | hundred dollars per day and the total penalty shall not exceed seven |
---|
712 | | - | thousand five hundred dollars. The penalty may be collected by the |
---|
713 | | - | enforcing agency by action against the owner or other responsible |
---|
714 | | - | person or by an action against the real property. An action against the |
---|
715 | | - | owner may be joined with an action against the real property. |
---|
716 | | - | (d) In addition to the penalties specified in this section, the enforcing |
---|
717 | | - | agency may enforce the provisions of this chapter or a local housing |
---|
718 | | - | code by injunctive relief pursuant to chapter 916. |
---|
719 | | - | (e) (1) Any penalty imposed by an enforcing agency pursuant to the |
---|
720 | | - | provisions of subsection (c) of this section, and remaining unpaid for a |
---|
721 | | - | period of sixty days after its due date, shall constitute a lien upon the |
---|
722 | | - | real property against which the penalty was imposed, provided a notice |
---|
723 | | - | of violation is recorded in the land records and indexed in the name of |
---|
724 | | - | the property owner no later than thirty days after the penalty was |
---|
725 | | - | imposed. |
---|
726 | | - | (2) Each such notice of violation shall be effective from the time of the |
---|
727 | | - | recording on the land records. Each lien shall take precedence over all |
---|
728 | | - | transfers and encumbrances recorded after such time. Substitute Senate Bill No. 998 |
---|
729 | | - | |
---|
730 | | - | Public Act No. 23-207 23 of 75 |
---|
731 | | - | |
---|
732 | | - | (3) Any municipal lien pursuant to the provisions of this section may |
---|
733 | | - | be foreclosed in the same manner as a mortgage. |
---|
734 | | - | (4) Any municipal lien pursuant to this section may be discharged or |
---|
735 | | - | dissolved in the manner provided in sections 49-35a to 49-37, inclusive. |
---|
736 | | - | (f) Any enforcing agency imposing a penalty pursuant to subsection |
---|
737 | | - | (c) of this section shall maintain a current record of all properties with |
---|
738 | | - | respect to which such penalty remains unpaid in the office of such |
---|
739 | | - | agency. Such record shall be available for inspection by the public. |
---|
740 | | - | (g) Each enforcing agency empowered to enforce any provision of |
---|
741 | | - | this chapter or any provision of a local housing code shall create and |
---|
742 | | - | make available housing code violation complaint forms, written in both |
---|
743 | | - | English and Spanish, for use by any occupant of a dwelling unit seeking |
---|
744 | | - | to file a complaint against the owner of such unit, or other responsible |
---|
745 | | - | party, concerning such violations. |
---|
746 | | - | Sec. 15. Section 8-68d of the general statutes is repealed and the |
---|
747 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
---|
748 | | - | Each housing authority shall submit a report to the Commissioner of |
---|
749 | | - | Housing and the chief executive officer of the municipality in which the |
---|
750 | | - | authority is located not later than March first, annually. The report shall |
---|
751 | | - | contain (1) an inventory of all existing housing owned or operated by |
---|
752 | | - | the authority, including the total number, types and sizes of rental units |
---|
753 | | - | and the total number of occupancies and vacancies in each housing |
---|
754 | | - | project or development, and a description of the condition of such |
---|
755 | | - | housing, (2) a description of any new construction projects being |
---|
756 | | - | undertaken by the authority and the status of such projects, (3) the |
---|
757 | | - | number and types of any rental housing sold, leased or transferred |
---|
758 | | - | during the period of the report which is no longer available for the |
---|
759 | | - | purpose of low or moderate income rental housing, (4) the results of the |
---|
760 | | - | authority's annual audit conducted in accordance with section 4-231 if Substitute Senate Bill No. 998 |
---|
761 | | - | |
---|
762 | | - | Public Act No. 23-207 24 of 75 |
---|
763 | | - | |
---|
764 | | - | required by said section, and [(4)] (5) such other information as the |
---|
765 | | - | commissioner may require by regulations adopted in accordance with |
---|
766 | | - | the provisions of chapter 54. |
---|
767 | | - | Sec. 16. Subsections (a) and (b) of section 47a-6a of the general statutes |
---|
768 | | - | are repealed and the following is substituted in lieu thereof (Effective |
---|
769 | | - | October 1, 2023): |
---|
770 | | - | (a) As used in this section, (1) "address" means a location as described |
---|
771 | | - | by the full street number, if any, the street name, the city or town, and |
---|
772 | | - | the state, and not a mailing address such as a post office box, (2) |
---|
773 | | - | "dwelling unit" means any house or building, or portion thereof, which |
---|
774 | | - | is rented, leased or hired out to be occupied, or is arranged or designed |
---|
775 | | - | to be occupied, or is occupied, as the home or residence of one or more |
---|
776 | | - | persons, living independently of each other, and doing their cooking |
---|
777 | | - | upon the premises, and having a common right in the halls, stairways |
---|
778 | | - | or yards, (3) "agent in charge" or "agent" means one who manages real |
---|
779 | | - | estate, including, but not limited to, the collection of rents and |
---|
780 | | - | supervision of property, (4) "controlling participant" means an |
---|
781 | | - | individual [or entity] that exercises day-to-day financial or operational |
---|
782 | | - | control, and (5) "project-based housing provider" means a property |
---|
783 | | - | owner who contracts with the United States Department of Housing and |
---|
784 | | - | Urban Development to provide housing to tenants under the federal |
---|
785 | | - | Housing Choice Voucher Program, 42 USC 1437f(o). |
---|
786 | | - | (b) Any municipality may require the nonresident owner or project- |
---|
787 | | - | based housing provider of occupied or vacant rental real property to |
---|
788 | | - | [maintain on file in the office of] report to the tax assessor, or other |
---|
789 | | - | municipal office designated by the municipality, the current residential |
---|
790 | | - | address of the nonresident owner or project-based housing provider of |
---|
791 | | - | such property, if the nonresident owner or project-based housing |
---|
792 | | - | provider is an individual, or the current residential address of the agent |
---|
793 | | - | in charge of the building, if the nonresident owner or project-based |
---|
794 | | - | housing provider is a corporation, partnership, trust or other legally Substitute Senate Bill No. 998 |
---|
795 | | - | |
---|
796 | | - | Public Act No. 23-207 25 of 75 |
---|
797 | | - | |
---|
798 | | - | recognized entity owning rental real property in the state. [In the case |
---|
799 | | - | of a] If the nonresident owners or project-based housing [provider, such |
---|
800 | | - | information] providers are a corporation, partnership, trust or other |
---|
801 | | - | legally recognized entity owning rental real property in the state, such |
---|
802 | | - | report shall also include identifying information and the current |
---|
803 | | - | residential address of each controlling participant associated with the |
---|
804 | | - | property. [, except that, if such controlling participant is a corporation, |
---|
805 | | - | partnership, trust or other legally recognized entity, the project-based |
---|
806 | | - | housing provider shall include the identifying information and the |
---|
807 | | - | current residential address of an individual who exercises day-to-day |
---|
808 | | - | financial or operational control of such entity.] If such residential |
---|
809 | | - | address changes, notice of the new residential address shall be provided |
---|
810 | | - | by such nonresident owner, project-based housing provider or agent in |
---|
811 | | - | charge of the building to the office of the tax assessor or other designated |
---|
812 | | - | municipal office not more than twenty-one days after the date that the |
---|
813 | | - | address change occurred. If the nonresident owner, project-based |
---|
814 | | - | housing provider or agent fails to file an address under this section, the |
---|
815 | | - | address to which the municipality mails property tax bills for the rental |
---|
816 | | - | real property shall be deemed to be the nonresident owner, project- |
---|
817 | | - | based housing provider or agent's current address. Such address may |
---|
818 | | - | be used for compliance with the provisions of subsection (c) of this |
---|
819 | | - | section. |
---|
820 | | - | (c) Any report provided to a tax assessor pursuant to subsection (b) |
---|
821 | | - | of this section on or after October 1, 2023, shall be confidential and shall |
---|
822 | | - | not be disclosed under chapter 14 of the general statutes. |
---|
823 | | - | Sec. 17. (NEW) (Effective October 1, 2023) (a) There shall be an Office |
---|
824 | | - | of Responsible Growth within the Intergovernmental Policy Division of |
---|
825 | | - | the Office of Policy and Management. |
---|
826 | | - | (b) The Office of Responsible Growth shall be responsible for the |
---|
827 | | - | following: Substitute Senate Bill No. 998 |
---|
828 | | - | |
---|
829 | | - | Public Act No. 23-207 26 of 75 |
---|
830 | | - | |
---|
831 | | - | (1) Collecting, analyzing and disseminating information to assist in |
---|
832 | | - | the ongoing development of responsible growth goals for the Governor, |
---|
833 | | - | Continuing Committee on State Planning and Development, state and |
---|
834 | | - | regional agencies, local governments and the public; |
---|
835 | | - | (2) Coordinating the development of state agency policy, planning |
---|
836 | | - | and programming to improve outcomes and make efficient use of state |
---|
837 | | - | resources and expertise through the development and implementation |
---|
838 | | - | of the state plan of conservation and development pursuant to chapters |
---|
839 | | - | 297 and 297a of the general statutes; |
---|
840 | | - | (3) Administering the responsibilities under the Connecticut |
---|
841 | | - | Environmental Policy Act that have been assigned to the Office of Policy |
---|
842 | | - | and Management, as set forth in sections 22a-1 to 22a-1h, inclusive, of |
---|
843 | | - | the general statutes; |
---|
844 | | - | (4) Facilitating interagency coordination in matters involving land |
---|
845 | | - | and water resources and infrastructure improvements, among other |
---|
846 | | - | activities; |
---|
847 | | - | (5) Facilitating coordination between the state, planning regions and |
---|
848 | | - | municipalities on matters of development and conservation by serving |
---|
849 | | - | as a state liaison to regional councils of governments; |
---|
850 | | - | (6) Providing staff support to boards, committees and other groups |
---|
851 | | - | deemed appropriate by the Secretary of the Office of Policy and |
---|
852 | | - | Management, such as the Advisory Commission on Intergovernmental |
---|
853 | | - | Relations and the State Water Planning Council; |
---|
854 | | - | (7) Administering grant programs, as deemed appropriate by the |
---|
855 | | - | secretary, such as responsible growth and transit-oriented development |
---|
856 | | - | and regional performance incentive grant programs; and |
---|
857 | | - | (8) Performing other duties as deemed appropriate by the secretary |
---|
858 | | - | to address current and emerging development and conservation issues. Substitute Senate Bill No. 998 |
---|
859 | | - | |
---|
860 | | - | Public Act No. 23-207 27 of 75 |
---|
861 | | - | |
---|
862 | | - | (c) The secretary shall designate a member of the secretary's staff to |
---|
863 | | - | serve as the State Responsible Growth Coordinator to oversee the Office |
---|
864 | | - | of Responsible Growth. |
---|
865 | | - | (d) The Office of Responsible Growth established pursuant to this |
---|
866 | | - | section shall constitute a successor agency to the office established by |
---|
867 | | - | Executive Order No. 15 of Governor M. Jodi Rell, in accordance with |
---|
868 | | - | section 4-38d of the general statutes. |
---|
869 | | - | Sec. 18. (NEW) (Effective July 1, 2023) (a) As used in this section: |
---|
870 | | - | (1) "Affordable housing unit" means a dwelling unit conveyed by an |
---|
871 | | - | instrument containing a covenant or restriction that requires such |
---|
872 | | - | dwelling unit to be sold or rented at or below a price intended to |
---|
873 | | - | preserve such unit as housing for a low-income household; |
---|
874 | | - | (2) "Commission", "zoning commission" or "zoning authority" means |
---|
875 | | - | a zoning commission, planning commission, planning and zoning |
---|
876 | | - | commission, zoning board of appeals or other municipal agency |
---|
877 | | - | exercising zoning or planning authority; |
---|
878 | | - | (3) "Commissioner" means the Commissioner of Housing, unless |
---|
879 | | - | otherwise specified; |
---|
880 | | - | (4) "Dwelling unit" means any house or building, or portion thereof, |
---|
881 | | - | which is occupied, is designed to be occupied, or is rented, leased or |
---|
882 | | - | hired out to be occupied, as a home or residence of one or more persons; |
---|
883 | | - | (5) "Median income" is the state median income, as determined by the |
---|
884 | | - | United States Department of Housing and Urban Development; |
---|
885 | | - | (6) "Multifamily housing" means a residential building that contains |
---|
886 | | - | three or more dwelling units; |
---|
887 | | - | (7) "Municipal fair share allocation" means the portion of the |
---|
888 | | - | minimum need for affordable housing units in a planning region, as Substitute Senate Bill No. 998 |
---|
889 | | - | |
---|
890 | | - | Public Act No. 23-207 28 of 75 |
---|
891 | | - | |
---|
892 | | - | determined pursuant to subsection (b) of this section, that is allocated to |
---|
893 | | - | a municipality located within such planning region; |
---|
894 | | - | (8) "Planning region" means a planning region of the state, as defined |
---|
895 | | - | or redefined by the Secretary of the Office of Policy and Management, |
---|
896 | | - | or the secretary's designee, under the provisions of section 16a-4a of the |
---|
897 | | - | general statutes, except the Metropolitan and Western planning regions |
---|
898 | | - | shall be considered a single planning region; and |
---|
899 | | - | (9) "Secretary" means the Secretary of the Office of Policy and |
---|
900 | | - | Management. |
---|
901 | | - | (b) (1) Not later than December 1, 2024, the secretary, in consultation |
---|
902 | | - | with the Commissioners of Housing and Economic and Community |
---|
903 | | - | Development and, as may be determined by the secretary, experts, |
---|
904 | | - | advocates, state-wide organizations that represent municipalities, |
---|
905 | | - | organizations with expertise in affordable housing, fair housing and |
---|
906 | | - | planning and zoning, shall establish a methodology for each |
---|
907 | | - | municipality's fair share allocation by: |
---|
908 | | - | (A) Determining the need for affordable housing units in each |
---|
909 | | - | planning region; and |
---|
910 | | - | (B) Fairly allocating such need to the municipalities in each planning |
---|
911 | | - | region considering the duty of the state and municipalities to |
---|
912 | | - | affirmatively further fair housing pursuant to section 8-2 of the general |
---|
913 | | - | statutes and 42 USC 3608. Such methodology shall rely on data from the |
---|
914 | | - | Comprehensive Housing Affordability Strategy data set published by |
---|
915 | | - | the United States Department of Housing and Urban Development, or |
---|
916 | | - | from a similar source as may be determined by the secretary. |
---|
917 | | - | (2) The secretary shall ensure that the fair share allocation |
---|
918 | | - | methodology: |
---|
919 | | - | (A) Is designed with due consideration for the duty of the state and Substitute Senate Bill No. 998 |
---|
920 | | - | |
---|
921 | | - | Public Act No. 23-207 29 of 75 |
---|
922 | | - | |
---|
923 | | - | each municipality to affirmatively further fair housing in accordance |
---|
924 | | - | with section 8-2 of the general statutes and 42 USC 3608; |
---|
925 | | - | (B) Relies on appropriate metrics of the minimum need for affordable |
---|
926 | | - | housing units in a planning region to ensure adequate housing options, |
---|
927 | | - | including the number of households whose income is not greater than |
---|
928 | | - | thirty per cent of the area median income and whose housing costs |
---|
929 | | - | constitute fifty per cent or more of such household's income; |
---|
930 | | - | (C) Relies on appropriate factors for fairly allocating such need to |
---|
931 | | - | each municipality within each planning region, including a |
---|
932 | | - | municipality's compliance with the requirements of sections 8-2 and 8- |
---|
933 | | - | 23 of the general statutes with regard to promoting housing choice and |
---|
934 | | - | economic diversity in housing, including housing for both low and |
---|
935 | | - | moderate income households, and encouraging the development of |
---|
936 | | - | housing which meets the identified housing needs and the development |
---|
937 | | - | of housing opportunities, including opportunities for multifamily |
---|
938 | | - | housing, for all residents of the municipality and the planning region in |
---|
939 | | - | which the municipality is located; |
---|
940 | | - | (D) Does not assign a fair share allocation to any municipality with a |
---|
941 | | - | federal poverty rate of twenty per cent or greater based on data reported |
---|
942 | | - | in the most recent United States decennial census or similar source; and |
---|
943 | | - | (E) Increases the municipal fair share allocation of a municipality if |
---|
944 | | - | such municipality, when compared to other municipalities in the same |
---|
945 | | - | planning region, has: |
---|
946 | | - | (i) A greater dollar value of the ratable real and personal property, as |
---|
947 | | - | reflected by its equalized net grand list, calculated in accordance with |
---|
948 | | - | the provisions of section 10-261a of the general statutes, for residential, |
---|
949 | | - | commercial, industrial, public utility and vacant land; |
---|
950 | | - | (ii) A higher median income, based on data reported in the most |
---|
951 | | - | recent United States decennial census or similar source; Substitute Senate Bill No. 998 |
---|
952 | | - | |
---|
953 | | - | Public Act No. 23-207 30 of 75 |
---|
954 | | - | |
---|
955 | | - | (iii) A lower percentage of its population that is below the federal |
---|
956 | | - | poverty threshold, based on data reported in such census or similar |
---|
957 | | - | source; or |
---|
958 | | - | (iv) A lower percentage of its population that lives in multifamily |
---|
959 | | - | housing, based on data reported in such census or similar source. |
---|
960 | | - | (3) (A) Not later than December 1, 2024, the secretary, in consultation |
---|
961 | | - | with the Commissioners of Housing and Economic and Community |
---|
962 | | - | Development, shall, using the methodology established pursuant to this |
---|
963 | | - | subsection, determine the minimum need for affordable housing units |
---|
964 | | - | for each planning region and a municipal fair share allocation for each |
---|
965 | | - | municipality within each planning region. |
---|
966 | | - | (B) No municipal fair share allocation determined pursuant to |
---|
967 | | - | subparagraph (A) of this subdivision shall exceed twenty per cent of the |
---|
968 | | - | occupied dwelling units in such municipality. |
---|
969 | | - | (c) The secretary shall submit the methodology established pursuant |
---|
970 | | - | to subsection (b) of this section to the joint standing committees of the |
---|
971 | | - | General Assembly having cognizance of matters relating to planning |
---|
972 | | - | and development and housing, in accordance with the provisions of |
---|
973 | | - | section 11-4a of the general statutes, and each chamber of the General |
---|
974 | | - | Assembly for approval. |
---|
975 | | - | Sec. 19. (NEW) (Effective October 1, 2023) (a) The Commissioner of |
---|
976 | | - | Housing, within available appropriations, and in consultation with the |
---|
977 | | - | Connecticut Housing Finance Authority and representatives of any |
---|
978 | | - | public housing authority in the state selected by the commissioner, shall |
---|
979 | | - | establish a program to encourage and recruit owners of rental real |
---|
980 | | - | property to accept from prospective tenants any federal Housing Choice |
---|
981 | | - | Voucher, rental assistance program certificate or payment from any |
---|
982 | | - | other program administered by the state that provides rental payment |
---|
983 | | - | subsidies for residential dwellings. Such program may include, but need Substitute Senate Bill No. 998 |
---|
984 | | - | |
---|
985 | | - | Public Act No. 23-207 31 of 75 |
---|
986 | | - | |
---|
987 | | - | not be limited to, advertisements, community outreach events and |
---|
988 | | - | communications to owners of rental real property who utilize other |
---|
989 | | - | programs concerning such property administered by the state. |
---|
990 | | - | (b) Not later than October 1, 2024, and annually thereafter, the |
---|
991 | | - | commissioner shall submit a report concerning (1) the status of the |
---|
992 | | - | program, including an analysis of the effectiveness of the program in |
---|
993 | | - | recruiting owners of rental real property to accept vouchers, certificates |
---|
994 | | - | and any other rental payment subsidies, and (2) the commissioner's |
---|
995 | | - | recommendations concerning the program to the joint standing |
---|
996 | | - | committee of the General Assembly having cognizance of matters |
---|
997 | | - | relating to housing, in accordance with the provisions of section 11-4a |
---|
998 | | - | of the general statutes. |
---|
999 | | - | Sec. 20. (Effective from passage) (a) The Commissioner of Housing shall, |
---|
1000 | | - | within available appropriations, conduct a study on methods to |
---|
1001 | | - | improve the efficiency of processing applications for the rental |
---|
1002 | | - | assistance program. In conducting the study, the commissioner shall |
---|
1003 | | - | consider the following: |
---|
1004 | | - | (1) An analysis of the current processing time for rental assistance |
---|
1005 | | - | applications, including, but not limited to, relevant inspection timelines; |
---|
1006 | | - | (2) An assessment of the current application process, including any |
---|
1007 | | - | barriers or challenges to applicants or rental real property owners; |
---|
1008 | | - | (3) Recommendations for improving the efficiency of the application |
---|
1009 | | - | process, including the use of technology and alternative processing |
---|
1010 | | - | methods; and |
---|
1011 | | - | (4) An estimate of the cost associated with implementing any |
---|
1012 | | - | recommended improvements. |
---|
1013 | | - | (b) Not later than January 1, 2024, the commissioner shall submit a |
---|
1014 | | - | report on the commissioner's findings and recommendations to the joint Substitute Senate Bill No. 998 |
---|
1015 | | - | |
---|
1016 | | - | Public Act No. 23-207 32 of 75 |
---|
1017 | | - | |
---|
1018 | | - | standing committee of the General Assembly having cognizance of |
---|
1019 | | - | matters relating to housing, in accordance with the provisions of section |
---|
1020 | | - | 11-4a of the general statutes. The report shall include the findings of the |
---|
1021 | | - | commissioner and the commissioner's recommendations for improving |
---|
1022 | | - | the efficiency of processing applications for the rental assistance |
---|
1023 | | - | program. |
---|
1024 | | - | Sec. 21. Section 8-345 of the general statutes is repealed and the |
---|
1025 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
---|
1026 | | - | (a) The Commissioner of Housing shall implement and administer a |
---|
1027 | | - | program of rental assistance for low-income families living in privately- |
---|
1028 | | - | owned rental housing. For the purposes of this section, a low-income |
---|
1029 | | - | family is one whose income does not exceed fifty per cent of the median |
---|
1030 | | - | family income for the area of the state in which such family lives, as |
---|
1031 | | - | determined by the commissioner. |
---|
1032 | | - | (b) Housing eligible for participation in the program shall comply |
---|
1033 | | - | with applicable state and local health, housing, building and safety |
---|
1034 | | - | codes. |
---|
1035 | | - | (c) In addition to an element in which rental assistance certificates are |
---|
1036 | | - | made available to qualified tenants, to be used in eligible housing which |
---|
1037 | | - | such tenants are able to locate, the program may include a housing |
---|
1038 | | - | support element in which rental assistance for tenants is linked to |
---|
1039 | | - | participation by the property owner in other municipal, state or federal |
---|
1040 | | - | housing repair, rehabilitation or financing programs. The commissioner |
---|
1041 | | - | shall use rental assistance under this section so as to encourage the |
---|
1042 | | - | preservation of existing housing and the revitalization of |
---|
1043 | | - | neighborhoods or the creation of additional rental housing. |
---|
1044 | | - | (d) The commissioner may designate a portion of the rental assistance |
---|
1045 | | - | available under the program for tenant-based and project-based |
---|
1046 | | - | supportive housing units. To the extent practicable rental assistance for Substitute Senate Bill No. 998 |
---|
1047 | | - | |
---|
1048 | | - | Public Act No. 23-207 33 of 75 |
---|
1049 | | - | |
---|
1050 | | - | supportive housing shall adhere to the requirements of the federal |
---|
1051 | | - | Housing Choice Voucher Program, 42 USC 1437f(o), relative to |
---|
1052 | | - | calculating the tenant's share of the rent to be paid. |
---|
1053 | | - | (e) The commissioner shall administer the program under this section |
---|
1054 | | - | to promote housing choice for certificate holders and encourage racial |
---|
1055 | | - | and economic integration. The commissioner shall affirmatively seek to |
---|
1056 | | - | expend all funds appropriated for the program on an annual basis |
---|
1057 | | - | without regard to population limitation established in prior years. The |
---|
1058 | | - | commissioner shall establish maximum rent levels for each municipality |
---|
1059 | | - | in a manner that promotes the use of the program in all municipalities. |
---|
1060 | | - | Any certificate issued pursuant to this section may be used for housing |
---|
1061 | | - | in any municipality in the state. The commissioner shall inform |
---|
1062 | | - | certificate holders that a certificate may be used in any municipality and, |
---|
1063 | | - | to the extent practicable, the commissioner shall assist certificate holders |
---|
1064 | | - | in finding housing in the municipality of their choice. |
---|
1065 | | - | (f) Nothing in this section shall give any person a right to continued |
---|
1066 | | - | receipt of rental assistance at any time that the program is not funded. |
---|
1067 | | - | (g) The commissioner shall adopt regulations in accordance with the |
---|
1068 | | - | provisions of chapter 54 to carry out the purposes of this section. The |
---|
1069 | | - | regulations shall establish maximum income eligibility guidelines for |
---|
1070 | | - | such rental assistance and criteria for determining the amount of rental |
---|
1071 | | - | assistance which shall be provided to eligible families. |
---|
1072 | | - | (h) Any person aggrieved by a decision of the commissioner or the |
---|
1073 | | - | commissioner's agent pursuant to the program under this section shall |
---|
1074 | | - | have the right to a hearing in accordance with the provisions of section |
---|
1075 | | - | 8-37gg. |
---|
1076 | | - | Sec. 22. (NEW) (Effective July 1, 2023) The Department of Veterans |
---|
1077 | | - | Affairs shall, within available appropriations, convert, rehabilitate and |
---|
1078 | | - | renovate vacant, underused or otherwise available properties for the Substitute Senate Bill No. 998 |
---|
1079 | | - | |
---|
1080 | | - | Public Act No. 23-207 34 of 75 |
---|
1081 | | - | |
---|
1082 | | - | purpose of housing homeless or housing insecure veterans, and shall |
---|
1083 | | - | build, improve or remediate infrastructure as necessary to support such |
---|
1084 | | - | properties for residential use. |
---|
1085 | | - | Sec. 23. (NEW) (Effective July 1, 2024, and applicable to any summary |
---|
1086 | | - | process action disposed of before or after such date) (a) In any summary |
---|
1087 | | - | process action instituted pursuant to chapter 832 or 412 of the general |
---|
1088 | | - | statutes, not more than thirty days after (1) the withdrawal of such |
---|
1089 | | - | action, (2) a judgment of dismissal or nonsuit of such action upon any |
---|
1090 | | - | grounds, or (3) a final disposition of such action that includes a |
---|
1091 | | - | judgment for the defendant, the Judicial Department shall remove from |
---|
1092 | | - | its Internet web site any record or identifying information concerning |
---|
1093 | | - | such summary process action. |
---|
1094 | | - | (b) If there is any activity in a case that has had any record or |
---|
1095 | | - | identifying information associated with such case removed pursuant to |
---|
1096 | | - | subsection (a) of this section, or if a case continues beyond the date upon |
---|
1097 | | - | which any such record or information is required to be removed |
---|
1098 | | - | pursuant to subsection (a) of this section because of an appeal, the |
---|
1099 | | - | Judicial Department shall restore the case to, or retain the case on, the |
---|
1100 | | - | Judicial Department Internet web site, together with any such record |
---|
1101 | | - | and information associated with such case. For any record and |
---|
1102 | | - | identifying information restored or retained on the Judicial Department |
---|
1103 | | - | Internet web site pursuant to this subsection, any such record or |
---|
1104 | | - | information shall remain on such web site for thirty days after the final |
---|
1105 | | - | disposition of the associated case, or for the applicable time period from |
---|
1106 | | - | the original disposition specified in subsection (a) of this section, |
---|
1107 | | - | whichever is later. |
---|
1108 | | - | (c) Any record or identifying information concerning any summary |
---|
1109 | | - | process action that has been removed from the Judicial Department |
---|
1110 | | - | Internet web site pursuant to this section shall not be included in any |
---|
1111 | | - | sale or transfer of bulk case records by the Judicial Department to any |
---|
1112 | | - | person or entity purchasing such records for any commercial purpose. Substitute Senate Bill No. 998 |
---|
1113 | | - | |
---|
1114 | | - | Public Act No. 23-207 35 of 75 |
---|
1115 | | - | |
---|
1116 | | - | (d) No person or entity shall, for any commercial purpose, disclose |
---|
1117 | | - | any record or identifying information concerning any summary process |
---|
1118 | | - | action that has been removed from the Judicial Department Internet web |
---|
1119 | | - | site pursuant to subsection (a) of this section. As used in this section, |
---|
1120 | | - | "commercial purpose" means (1) the individual or bulk sale of any |
---|
1121 | | - | record or identifying information concerning any summary process |
---|
1122 | | - | action, (2) the making of consumer reports containing any such record |
---|
1123 | | - | or information, (3) any use related to screening any prospective tenant |
---|
1124 | | - | to determine the suitability of such prospective tenant, and (4) any other |
---|
1125 | | - | use of any such record or information for pecuniary gain, but does not |
---|
1126 | | - | include the use of any such record or information for governmental, |
---|
1127 | | - | scholarly, educational, journalistic or any other noncommercial |
---|
1128 | | - | purpose. |
---|
1129 | | - | (e) Nothing in this section shall preclude the publication of any |
---|
1130 | | - | formal written judicial opinion by the Judicial Department or by any |
---|
1131 | | - | case reporting service. |
---|
1132 | | - | Sec. 24. Section 12-494 of the general statutes is repealed and the |
---|
1133 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
---|
1134 | | - | (a) There is imposed a tax on each deed, instrument or writing, |
---|
1135 | | - | whereby any lands, tenements or other realty is granted, assigned, |
---|
1136 | | - | transferred or otherwise conveyed to, or vested in, the purchaser, or any |
---|
1137 | | - | other person by such purchaser's direction, when the consideration for |
---|
1138 | | - | the interest or property conveyed equals or exceeds two thousand |
---|
1139 | | - | dollars: |
---|
1140 | | - | (1) Subject to the provisions of subsection (b) of this section, at the |
---|
1141 | | - | rate of three-quarters of one per cent of the consideration for the interest |
---|
1142 | | - | in real property conveyed by such deed, instrument or writing, the |
---|
1143 | | - | revenue from which shall be remitted by the town clerk of the |
---|
1144 | | - | municipality in which such tax is paid, not later than ten days following |
---|
1145 | | - | receipt thereof, to the Commissioner of Revenue Services for deposit to Substitute Senate Bill No. 998 |
---|
1146 | | - | |
---|
1147 | | - | Public Act No. 23-207 36 of 75 |
---|
1148 | | - | |
---|
1149 | | - | the credit of the state General Fund; and |
---|
1150 | | - | (2) At the rate of one-fourth of one per cent of the consideration for |
---|
1151 | | - | the interest in real property conveyed by such deed, instrument or |
---|
1152 | | - | writing, provided the amount imposed under this subdivision shall |
---|
1153 | | - | become part of the general revenue of the municipality in accordance |
---|
1154 | | - | with section 12-499. |
---|
1155 | | - | (b) The rate of tax imposed under subdivision (1) of subsection (a) of |
---|
1156 | | - | this section shall, in lieu of the rate under said subdivision (1), be |
---|
1157 | | - | imposed on certain conveyances as follows: |
---|
1158 | | - | (1) In the case of any conveyance of real property which at the time |
---|
1159 | | - | of such conveyance is used for any purpose other than residential use, |
---|
1160 | | - | except unimproved land, the tax under said subdivision (1) shall be |
---|
1161 | | - | imposed at the rate of one and one-quarter per cent of the consideration |
---|
1162 | | - | for the interest in real property conveyed; |
---|
1163 | | - | (2) In the case of any conveyance in which the real property conveyed |
---|
1164 | | - | is a residential estate, including a primary dwelling and any auxiliary |
---|
1165 | | - | housing or structures, regardless of the number of deeds, instruments |
---|
1166 | | - | or writings used to convey such residential real estate, for which the |
---|
1167 | | - | consideration or aggregate consideration, as the case may be, in such |
---|
1168 | | - | conveyance is eight hundred thousand dollars or more, the tax under |
---|
1169 | | - | said subdivision (1) shall be imposed: |
---|
1170 | | - | (A) At the rate of three-quarters of one per cent on that portion of |
---|
1171 | | - | such consideration up to and including the amount of eight hundred |
---|
1172 | | - | thousand dollars; |
---|
1173 | | - | (B) Prior to July 1, 2020, at the rate of one and one-quarter per cent on |
---|
1174 | | - | that portion of such consideration in excess of eight hundred thousand |
---|
1175 | | - | dollars; and |
---|
1176 | | - | (C) On and after July 1, 2020, (i) at the rate of one and one-quarter per Substitute Senate Bill No. 998 |
---|
1177 | | - | |
---|
1178 | | - | Public Act No. 23-207 37 of 75 |
---|
1179 | | - | |
---|
1180 | | - | cent on that portion of such consideration in excess of eight hundred |
---|
1181 | | - | thousand dollars up to and including the amount of two million five |
---|
1182 | | - | hundred thousand dollars, and (ii) at the rate of two and one-quarter |
---|
1183 | | - | per cent on that portion of such consideration in excess of two million |
---|
1184 | | - | five hundred thousand dollars; and |
---|
1185 | | - | (3) In the case of any conveyance in which real property on which |
---|
1186 | | - | mortgage payments have been delinquent for not less than six months |
---|
1187 | | - | is conveyed to a financial institution or its subsidiary that holds such a |
---|
1188 | | - | delinquent mortgage on such property, the tax under said subdivision |
---|
1189 | | - | (1) shall be imposed at the rate of three-quarters of one per cent of the |
---|
1190 | | - | consideration for the interest in real property conveyed. For the |
---|
1191 | | - | purposes of subdivision (1) of this subsection, "unimproved land" |
---|
1192 | | - | includes land designated as farm, forest or open space land. |
---|
1193 | | - | (c) In addition to the tax imposed under subsection (a) of this section, |
---|
1194 | | - | any targeted investment community, as defined in section 32-222, or any |
---|
1195 | | - | municipality in which properties designated as manufacturing plants |
---|
1196 | | - | under section 32-75c are located, may, on or after March 15, 2003, impose |
---|
1197 | | - | an additional tax on each deed, instrument or writing, whereby any |
---|
1198 | | - | lands, tenements or other realty is granted, assigned, transferred or |
---|
1199 | | - | otherwise conveyed to, or vested in, the purchaser, or any other person |
---|
1200 | | - | by [his] such purchaser's direction, when the consideration for the |
---|
1201 | | - | interest or property conveyed equals or exceeds two thousand dollars, |
---|
1202 | | - | which additional tax shall be at a rate of up to one-fourth of one per cent |
---|
1203 | | - | of the consideration for the interest in real property conveyed by such |
---|
1204 | | - | deed, instrument or writing. The revenue from such additional tax shall |
---|
1205 | | - | become part of the general revenue of the municipality in accordance |
---|
1206 | | - | with section 12-499. |
---|
1207 | | - | (d) On and after July 1, 2025, the Comptroller shall transfer from the |
---|
1208 | | - | General Fund to the Housing Trust Fund established under section 8- |
---|
1209 | | - | 336o, any revenue received by the state each fiscal year in excess of three |
---|
1210 | | - | hundred million dollars from the tax imposed under subdivision (1) of Substitute Senate Bill No. 998 |
---|
1211 | | - | |
---|
1212 | | - | Public Act No. 23-207 38 of 75 |
---|
1213 | | - | |
---|
1214 | | - | subsection (a) and subsections (b) and (c) of this section. On and after |
---|
1215 | | - | July 1, 2026, the threshold amount in this subsection shall be adjusted |
---|
1216 | | - | annually by the percentage increase in inflation. As used in this |
---|
1217 | | - | subdivision, "increase in inflation" means the increase in the consumer |
---|
1218 | | - | price index for all urban consumers during the preceding calendar year, |
---|
1219 | | - | calculated on a December over December basis, using data reported by |
---|
1220 | | - | the United States Bureau of Labor Statistics. |
---|
1221 | | - | Sec. 25. Section 12-498 of the general statutes is repealed and the |
---|
1222 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
---|
1223 | | - | (a) The tax imposed by section 12-494, as amended by this act, shall |
---|
1224 | | - | not apply to: |
---|
1225 | | - | (1) Deeds [which] that this state is prohibited from taxing under the |
---|
1226 | | - | Constitution or laws of the United States; |
---|
1227 | | - | (2) Deeds [which] that secure a debt or other obligation; |
---|
1228 | | - | (3) Deeds to which this state or any of its political subdivisions or its |
---|
1229 | | - | or their respective agencies is a party; |
---|
1230 | | - | (4) Tax deeds; |
---|
1231 | | - | (5) Deeds of release of property [which] that is security for a debt or |
---|
1232 | | - | other obligation; |
---|
1233 | | - | (6) Deeds of partition; |
---|
1234 | | - | (7) Deeds made pursuant to mergers of corporations; |
---|
1235 | | - | (8) Deeds made by a subsidiary corporation to its parent corporation |
---|
1236 | | - | for no consideration other than the cancellation or surrender of the |
---|
1237 | | - | subsidiary's stock; |
---|
1238 | | - | (9) Deeds made pursuant to a decree of the Superior Court under Substitute Senate Bill No. 998 |
---|
1239 | | - | |
---|
1240 | | - | Public Act No. 23-207 39 of 75 |
---|
1241 | | - | |
---|
1242 | | - | section 46b-81, 49-24 or 52-495 or pursuant to a judgment of foreclosure |
---|
1243 | | - | by market sale under section 49-24 or pursuant to a judgment of loss |
---|
1244 | | - | mitigation under section 49-30t or 49-30u; |
---|
1245 | | - | (10) Deeds, when the consideration for the interest or property |
---|
1246 | | - | conveyed is less than two thousand dollars; |
---|
1247 | | - | (11) Deeds between affiliated corporations, provided both of such |
---|
1248 | | - | corporations are exempt from taxation pursuant to paragraph (2), (3) or |
---|
1249 | | - | (25) of Section 501(c) of the Internal Revenue Code of 1986, or any |
---|
1250 | | - | subsequent corresponding internal revenue code of the United States, |
---|
1251 | | - | as amended from time to time; |
---|
1252 | | - | (12) Deeds made by a corporation [which] that is exempt from |
---|
1253 | | - | taxation pursuant to paragraph (3) of Section 501(c) of the Internal |
---|
1254 | | - | Revenue Code of 1986, or any subsequent corresponding internal |
---|
1255 | | - | revenue code of the United States, as amended from time to time, to any |
---|
1256 | | - | corporation which is exempt from taxation pursuant to said paragraph |
---|
1257 | | - | (3) of said Section 501(c); |
---|
1258 | | - | (13) Deeds made to any nonprofit organization [which] that is |
---|
1259 | | - | organized for the purpose of holding undeveloped land in trust for |
---|
1260 | | - | conservation or recreation purposes; |
---|
1261 | | - | (14) Deeds between spouses; |
---|
1262 | | - | (15) Deeds of property for the Adriaen's Landing site or the stadium |
---|
1263 | | - | facility site, for purposes of the overall project, each as defined in section |
---|
1264 | | - | 32-651; |
---|
1265 | | - | (16) Land transfers made on or after July 1, 1998, to a water company, |
---|
1266 | | - | as defined in section 16-1, provided the land is classified as class I or |
---|
1267 | | - | class II land, as defined in section 25-37c, after such transfer; |
---|
1268 | | - | (17) Transfers or conveyances to effectuate a mere change of identity Substitute Senate Bill No. 998 |
---|
1269 | | - | |
---|
1270 | | - | Public Act No. 23-207 40 of 75 |
---|
1271 | | - | |
---|
1272 | | - | or form of ownership or organization, where there is no change in |
---|
1273 | | - | beneficial ownership; |
---|
1274 | | - | (18) Conveyances of residential property [which] that occur not later |
---|
1275 | | - | than six months after the date on which the property was previously |
---|
1276 | | - | conveyed to the transferor if the transferor is (A) an employer [which] |
---|
1277 | | - | that acquired the property from an employee pursuant to an employee |
---|
1278 | | - | relocation plan, or (B) an entity in the business of purchasing and selling |
---|
1279 | | - | residential property of employees who are being relocated pursuant to |
---|
1280 | | - | such a plan; |
---|
1281 | | - | (19) Deeds in lieu of foreclosure that transfer the transferor's principal |
---|
1282 | | - | residence; |
---|
1283 | | - | (20) Any instrument that transfers the transferor's principal residence |
---|
1284 | | - | where the gross purchase price is insufficient to pay the sum of (A) |
---|
1285 | | - | mortgages encumbering the property transferred, and (B) any real |
---|
1286 | | - | property taxes and municipal utility or other charges for which the |
---|
1287 | | - | municipality may place a lien on the property and [which] that have |
---|
1288 | | - | priority over the mortgages encumbering the property transferred; |
---|
1289 | | - | [and] |
---|
1290 | | - | (21) Deeds that transfer the transferor's principal residence, where |
---|
1291 | | - | such residence has a concrete foundation that has deteriorated due to |
---|
1292 | | - | the presence of pyrrhotite and such transferor has obtained a written |
---|
1293 | | - | evaluation from a professional engineer licensed pursuant to chapter |
---|
1294 | | - | 391 indicating that the foundation of such residence was made with |
---|
1295 | | - | defective concrete. The exemption authorized under this subdivision |
---|
1296 | | - | shall (A) apply to the first transfer of such residence after such written |
---|
1297 | | - | evaluation has been obtained, and (B) not be available to a transferor |
---|
1298 | | - | who has received financial assistance to repair or replace such |
---|
1299 | | - | foundation from the Crumbling Foundations Assistance Fund |
---|
1300 | | - | established under section 8-441; and Substitute Senate Bill No. 998 |
---|
1301 | | - | |
---|
1302 | | - | Public Act No. 23-207 41 of 75 |
---|
1303 | | - | |
---|
1304 | | - | (22) Deeds of property with dwelling units where all such units are |
---|
1305 | | - | deed restricted as affordable housing, as defined in section 8-39a. For |
---|
1306 | | - | deeds of property with dwelling units where a portion of such units are |
---|
1307 | | - | subject to such deed restrictions, the exemption authorized under this |
---|
1308 | | - | subdivision shall apply only with respect to the dwelling units subject |
---|
1309 | | - | to such deed restrictions and such exemption shall be reduced |
---|
1310 | | - | proportionally based on the number of units not subject to such deed |
---|
1311 | | - | restrictions. |
---|
1312 | | - | (b) The tax imposed by subdivision (1) of subsection (a) of section 12- |
---|
1313 | | - | 494, as amended by this act, shall not apply to: |
---|
1314 | | - | (1) Deeds of the principal residence of any person approved for |
---|
1315 | | - | assistance under section 12-129b or 12-170aa for the current assessment |
---|
1316 | | - | year of the municipality in which such person resides or to any such |
---|
1317 | | - | transfer [which] that occurs within fifteen months of the completion of |
---|
1318 | | - | any municipal assessment year for which such person qualified for such |
---|
1319 | | - | assistance; |
---|
1320 | | - | (2) Deeds of property located in an area designated as an enterprise |
---|
1321 | | - | zone in accordance with section 32-70; and |
---|
1322 | | - | (3) Deeds of property located in an entertainment district designated |
---|
1323 | | - | under section 32-76 or established under section 2 of public act 93-311. |
---|
1324 | | - | Sec. 26. Section 46a-81e of the general statutes is repealed and the |
---|
1325 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
---|
1326 | | - | (a) It shall be a discriminatory practice in violation of this section: |
---|
1327 | | - | (1) To refuse to sell or rent after the making of a bona fide offer, or to |
---|
1328 | | - | refuse to negotiate for the sale or rental of, or otherwise make |
---|
1329 | | - | unavailable or deny, a dwelling to any person because of sexual |
---|
1330 | | - | orientation or civil union status. Substitute Senate Bill No. 998 |
---|
1331 | | - | |
---|
1332 | | - | Public Act No. 23-207 42 of 75 |
---|
1333 | | - | |
---|
1334 | | - | (2) To discriminate against any person in the terms, conditions, or |
---|
1335 | | - | privileges of sale or rental of a dwelling, or in the provision of services |
---|
1336 | | - | or facilities in connection therewith, because of sexual orientation or |
---|
1337 | | - | civil union status. |
---|
1338 | | - | (3) To make, print or publish, or cause to be made, printed or |
---|
1339 | | - | published any notice, statement, or advertisement, with respect to the |
---|
1340 | | - | sale or rental of a dwelling that indicates any preference, limitation, or |
---|
1341 | | - | discrimination based on sexual orientation or civil union status, or an |
---|
1342 | | - | intention to make any such preference, limitation or discrimination. |
---|
1343 | | - | (4) (A) To represent to any person because of sexual orientation or |
---|
1344 | | - | civil union status, that any dwelling is not available for inspection, sale |
---|
1345 | | - | or rental when such dwelling is in fact so available. (B) It shall be a |
---|
1346 | | - | violation of this subdivision for any person to restrict or attempt to |
---|
1347 | | - | restrict the choices of any buyer or renter to purchase or rent a dwelling |
---|
1348 | | - | (i) to an area which is substantially populated, even if less than a |
---|
1349 | | - | majority, by persons of the same sexual orientation or civil union status |
---|
1350 | | - | as the buyer or renter, (ii) while such person is authorized to offer for |
---|
1351 | | - | sale or rent another dwelling which meets the housing criteria as |
---|
1352 | | - | expressed by the buyer or renter to such person and (iii) such other |
---|
1353 | | - | dwelling is in an area which is not substantially populated by persons |
---|
1354 | | - | of the same sexual orientation or civil union status as the buyer or renter. |
---|
1355 | | - | As used in this subdivision, "area" means municipality, neighborhood |
---|
1356 | | - | or other geographic subdivision which may include an apartment or |
---|
1357 | | - | condominium complex. |
---|
1358 | | - | (5) For profit, to induce or attempt to induce any person to sell or rent |
---|
1359 | | - | any dwelling by representations regarding the entry or prospective |
---|
1360 | | - | entry into the neighborhood of a person or persons of a particular sexual |
---|
1361 | | - | orientation or civil union status. |
---|
1362 | | - | (6) For any person or other entity engaging in residential-real-estate- |
---|
1363 | | - | related transactions to discriminate against any person in making Substitute Senate Bill No. 998 |
---|
1364 | | - | |
---|
1365 | | - | Public Act No. 23-207 43 of 75 |
---|
1366 | | - | |
---|
1367 | | - | available such a transaction, or in the terms or conditions of such a |
---|
1368 | | - | transaction, because of sexual orientation or civil union status. |
---|
1369 | | - | (7) To deny any person access to or membership or participation in |
---|
1370 | | - | any multiple-listing service, real estate brokers' organization or other |
---|
1371 | | - | service, organization, or facility relating to the business of selling or |
---|
1372 | | - | renting dwellings, or to discriminate against him in the terms or |
---|
1373 | | - | conditions of such access, membership or participation, on account of |
---|
1374 | | - | sexual orientation or civil union status. |
---|
1375 | | - | (8) To coerce, intimidate, threaten, or interfere with any person in the |
---|
1376 | | - | exercise or enjoyment of, or on account of his having exercised or |
---|
1377 | | - | enjoyed, or on account of his having aided or encouraged any other |
---|
1378 | | - | person in the exercise or enjoyment of, any right granted or protected |
---|
1379 | | - | by this section. |
---|
1380 | | - | [(b) The provisions of this section shall not apply to (1) the rental of a |
---|
1381 | | - | room or rooms in a unit in a dwelling if the owner actually maintains |
---|
1382 | | - | and occupies part of such unit as his residence, or (2) a unit in a dwelling |
---|
1383 | | - | containing not more than four units if the owner actually maintains and |
---|
1384 | | - | occupies one of such other units as his residence.] |
---|
1385 | | - | [(c)] (b) Nothing in this section limits the applicability of any |
---|
1386 | | - | reasonable state statute or municipal ordinance restricting the |
---|
1387 | | - | maximum number of persons permitted to occupy a dwelling. |
---|
1388 | | - | [(d)] (c) Nothing in this section prohibits a person engaged in the |
---|
1389 | | - | business of furnishing appraisals of real property to take into |
---|
1390 | | - | consideration factors other than sexual orientation or civil union status. |
---|
1391 | | - | [(e)] (d) Notwithstanding any other provision of this chapter, |
---|
1392 | | - | complaints alleging a violation of this section shall be investigated |
---|
1393 | | - | within one hundred days of filing and a final administrative disposition |
---|
1394 | | - | shall be made within one year of filing unless it is impracticable to do |
---|
1395 | | - | so. If the Commission on Human Rights and Opportunities is unable to Substitute Senate Bill No. 998 |
---|
1396 | | - | |
---|
1397 | | - | Public Act No. 23-207 44 of 75 |
---|
1398 | | - | |
---|
1399 | | - | complete its investigation or make a final administrative determination |
---|
1400 | | - | within such time frames, it shall notify the complainant and the |
---|
1401 | | - | respondent in writing of the reasons for not doing so. |
---|
1402 | | - | [(f)] (e) Any person who violates any provision of this section shall be |
---|
1403 | | - | guilty of a class D misdemeanor. |
---|
1404 | | - | Sec. 27. Subsection (g) of section 22a-430 of the general statutes is |
---|
1405 | | - | repealed and the following is substituted in lieu thereof (Effective from |
---|
1406 | | - | passage): |
---|
1407 | | - | (g) The commissioner shall, by regulation adopted prior to October 1, |
---|
1408 | | - | 1977, establish and define categories of discharges [which] that |
---|
1409 | | - | constitute household and small commercial subsurface sewage disposal |
---|
1410 | | - | systems for which [he] the commissioner shall delegate to the |
---|
1411 | | - | Commissioner of Public Health the authority to issue permits or |
---|
1412 | | - | approvals and to hold public hearings in accordance with this section, |
---|
1413 | | - | on and after said date. Not later than July 1, 2025, the commissioner shall |
---|
1414 | | - | amend such regulations to establish and define categories of discharges |
---|
1415 | | - | that constitute small community sewerage systems and household and |
---|
1416 | | - | small commercial subsurface sewage disposal systems. The |
---|
1417 | | - | Commissioner of Public Health shall, pursuant to section 19a-36, |
---|
1418 | | - | establish minimum requirements for small community sewerage |
---|
1419 | | - | systems and household and small commercial subsurface sewage |
---|
1420 | | - | disposal systems and procedures for the issuance of such permits or |
---|
1421 | | - | approvals by the local director of health or a sanitarian registered |
---|
1422 | | - | pursuant to chapter 395. As used in this subsection, small community |
---|
1423 | | - | sewerage systems and household and small commercial disposal |
---|
1424 | | - | systems shall include those subsurface sewage disposal systems with a |
---|
1425 | | - | capacity of [seven thousand five hundred] ten thousand gallons per day |
---|
1426 | | - | or less. Notwithstanding any provision of the general statutes [or |
---|
1427 | | - | regulations of Connecticut state agencies,] (1) the regulations adopted |
---|
1428 | | - | by the commissioner pursuant to this subsection that are in effect as of |
---|
1429 | | - | July 1, 2017, shall apply to household and small commercial subsurface Substitute Senate Bill No. 998 |
---|
1430 | | - | |
---|
1431 | | - | Public Act No. 23-207 45 of 75 |
---|
1432 | | - | |
---|
1433 | | - | sewage disposal systems with a capacity of seven thousand five |
---|
1434 | | - | hundred gallons per day or less, and (2) the regulations adopted by the |
---|
1435 | | - | commissioner pursuant to this subsection that are in effect as of July 1, |
---|
1436 | | - | 2025, shall apply to small community sewerage systems, household |
---|
1437 | | - | systems and small commercial subsurface sewerage disposal systems |
---|
1438 | | - | with a capacity of ten thousand gallons per day or less. Any permit |
---|
1439 | | - | denied by the Commissioner of Public Health, or a director of health or |
---|
1440 | | - | registered sanitarian shall be subject to hearing and appeal in the |
---|
1441 | | - | manner provided in section 19a-229. Any permit granted by [said] the |
---|
1442 | | - | Commissioner of Public Health, or a director of health or registered |
---|
1443 | | - | sanitarian on or after October 1, 1977, shall be deemed equivalent to a |
---|
1444 | | - | permit issued under subsection (b) of this section. |
---|
1445 | | - | Sec. 28. (NEW) (Effective June 1, 2024) (a) As used in this section: |
---|
1446 | | - | (1) "Commissioner" means the Commissioner of Housing. |
---|
1447 | | - | (2) "Eligible workforce housing opportunity development project" or |
---|
1448 | | - | "project" means a project for the construction or substantial |
---|
1449 | | - | rehabilitation of rental housing (A) located within an opportunity zone |
---|
1450 | | - | in this state, (B) designated under subsection (e) of this section for |
---|
1451 | | - | certain professions that work within the municipality in which the |
---|
1452 | | - | project is located and for very low income families and individuals, and |
---|
1453 | | - | (C) that may incorporate renewable energy technology and be transit- |
---|
1454 | | - | oriented. |
---|
1455 | | - | (3) "Substantial rehabilitation" means either (A) the costs of any |
---|
1456 | | - | repair, replacement or improvement to a building that exceeds twenty- |
---|
1457 | | - | five per cent of the value of such building after the completion of all |
---|
1458 | | - | such repairs, replacements or improvements, or (B) the replacement of |
---|
1459 | | - | two or more of the following: (i) Roof structures, (ii) ceilings, (iii) wall |
---|
1460 | | - | or floor structures, (iv) foundations, (v) plumbing systems, (vi) heating |
---|
1461 | | - | and air conditioning systems, or (vii) electrical systems. Substitute Senate Bill No. 998 |
---|
1462 | | - | |
---|
1463 | | - | Public Act No. 23-207 46 of 75 |
---|
1464 | | - | |
---|
1465 | | - | (4) "Opportunity zone" means an area designated as a qualified |
---|
1466 | | - | opportunity zone pursuant to the Tax Cuts and Jobs Act of 2017, P.L. |
---|
1467 | | - | 115-97, as amended from time to time. |
---|
1468 | | - | (5) "Eligible developer" or "developer" means (A) a nonprofit |
---|
1469 | | - | corporation; (B) any business corporation incorporated pursuant to |
---|
1470 | | - | chapter 601 of the general statutes, (i) that has as one of its purposes the |
---|
1471 | | - | construction, rehabilitation, ownership or operation of housing, and (ii) |
---|
1472 | | - | either certified under this section or that has articles of incorporation |
---|
1473 | | - | approved by the commissioner in accordance with regulations adopted |
---|
1474 | | - | pursuant to section 8-79a or 8-84 of the general statutes; (C) any |
---|
1475 | | - | partnership, limited partnership, limited liability partnership, joint |
---|
1476 | | - | venture, trust, limited liability company or association, (i) that has as |
---|
1477 | | - | one of its purposes the construction, rehabilitation, ownership or |
---|
1478 | | - | operation of housing, and (ii) either certified under this section or that |
---|
1479 | | - | has basic documents of organization approved by the commissioner in |
---|
1480 | | - | accordance with regulations adopted pursuant to section 8-79a or 8-84 |
---|
1481 | | - | of the general statutes; (D) a housing authority; or (E) a municipal |
---|
1482 | | - | developer. |
---|
1483 | | - | (6) "Authority" or "housing authority" means any of the public |
---|
1484 | | - | corporations created by section 8-40 of the general statutes, and the |
---|
1485 | | - | Connecticut Housing Authority when exercising the rights, powers, |
---|
1486 | | - | duties or privileges of, or subject to the immunities or limitations of, |
---|
1487 | | - | housing authorities pursuant to section 8-121 of the general statutes. |
---|
1488 | | - | (7) "Nonprofit corporation" means a nonprofit corporation |
---|
1489 | | - | incorporated pursuant to chapter 602 of the general statutes or any |
---|
1490 | | - | predecessor statutes thereto, that has as one of its purposes the |
---|
1491 | | - | construction, rehabilitation, ownership or operation of housing and that |
---|
1492 | | - | has articles of incorporation approved by the Commissioner of Housing |
---|
1493 | | - | in accordance with regulations adopted pursuant to section 8-79a or 8- |
---|
1494 | | - | 84 of the general statutes or that is certified under this section. Substitute Senate Bill No. 998 |
---|
1495 | | - | |
---|
1496 | | - | Public Act No. 23-207 47 of 75 |
---|
1497 | | - | |
---|
1498 | | - | (8) "Municipal developer" means a municipality that has not declared |
---|
1499 | | - | by resolution a need for a housing authority pursuant to section 8-40 of |
---|
1500 | | - | the general statutes, acting by and through its legislative body. |
---|
1501 | | - | "Municipal developer" means the board of selectmen if such board is |
---|
1502 | | - | authorized to act as the municipal developer by the town meeting or |
---|
1503 | | - | representative town meeting. |
---|
1504 | | - | (9) "Very low income families and individuals" means families or |
---|
1505 | | - | individuals whose income is thirty per cent or less of the area median |
---|
1506 | | - | income. |
---|
1507 | | - | (10) "Market rate" means the rental income that such property would |
---|
1508 | | - | most probably command on the open market as indicated by current |
---|
1509 | | - | rentals in the opportunity zone being paid for comparable space. |
---|
1510 | | - | (b) There is established a workforce housing opportunity |
---|
1511 | | - | development program to be administered by the Department of |
---|
1512 | | - | Housing under which individuals or entities who make cash |
---|
1513 | | - | contributions to an eligible developer for an eligible workforce housing |
---|
1514 | | - | opportunity development project located in a federally designated |
---|
1515 | | - | opportunity zone may be allowed a credit against the tax due under |
---|
1516 | | - | chapter 208 or 229 of the general statutes in an amount equal to the |
---|
1517 | | - | amount specified by the commissioner under this section. Any |
---|
1518 | | - | developer of a workforce housing opportunity development project |
---|
1519 | | - | shall be allowed an exemption from any fees under section 29-263 of the |
---|
1520 | | - | general statutes, as amended by this act, and any eligible workforce |
---|
1521 | | - | housing opportunity development project shall be assessed using the |
---|
1522 | | - | capitalization of net income method under subsection (b) of section 12- |
---|
1523 | | - | 63b of the general statutes, as amended by this act. |
---|
1524 | | - | (c) The Commissioner of Housing shall determine eligibility criteria |
---|
1525 | | - | for such program and establish an application process for the program. |
---|
1526 | | - | The Department of Housing shall commence accepting applications for |
---|
1527 | | - | such program not later than January 1, 2025. A developer may apply to Substitute Senate Bill No. 998 |
---|
1528 | | - | |
---|
1529 | | - | Public Act No. 23-207 48 of 75 |
---|
1530 | | - | |
---|
1531 | | - | the Department of Housing for certification as a developer qualified to |
---|
1532 | | - | receive cash investments eligible for a tax credit pursuant to this section |
---|
1533 | | - | in a manner and form prescribed by the commissioner. To the extent |
---|
1534 | | - | feasible, any eligible workforce housing opportunity development |
---|
1535 | | - | project shall incorporate renewable energy or other technology in order |
---|
1536 | | - | to lower utility costs for the tenants and be transit-oriented. Any eligible |
---|
1537 | | - | workforce housing opportunity development project once constructed |
---|
1538 | | - | or substantially rehabilitated shall be rented as follows: (1) Forty per |
---|
1539 | | - | cent of the units shall be rented at the market rate, (2) fifty per cent of |
---|
1540 | | - | the units shall be rented to the workforce population designated under |
---|
1541 | | - | subsection (e) of this section, where such unit is rented to a member of |
---|
1542 | | - | such workforce population whose income is not more than sixty per |
---|
1543 | | - | cent of the area median income, and (3) ten per cent of the units shall be |
---|
1544 | | - | rented to families or individuals of very low income receiving rental |
---|
1545 | | - | assistance under chapter 128 or 319uu of the general statutes or 42 USC |
---|
1546 | | - | 1437f, as amended from time to time. The program shall provide for a |
---|
1547 | | - | method of selecting persons satisfying such income criteria to rent such |
---|
1548 | | - | units of housing from among a pool of applicants, which method shall |
---|
1549 | | - | not discriminate on the basis of race, creed, color, national origin, |
---|
1550 | | - | ancestry, sex, gender identity or expression, age or physical or |
---|
1551 | | - | intellectual disability. |
---|
1552 | | - | (d) A workforce housing opportunity development project shall be |
---|
1553 | | - | scheduled for completion not more than three years after the date of |
---|
1554 | | - | approval by the Department of Housing. Each developer of a workforce |
---|
1555 | | - | housing opportunity development project shall submit to the |
---|
1556 | | - | commissioner quarterly progress reports and a final report upon |
---|
1557 | | - | completion, in a manner and form prescribed by the commissioner. If a |
---|
1558 | | - | workforce housing opportunity development project fails to be |
---|
1559 | | - | completed on or before three years from the date of approval of such |
---|
1560 | | - | project, or at any time the commissioner determines that a project is |
---|
1561 | | - | unlikely to be completed, the commissioner may request the Attorney |
---|
1562 | | - | General to reclaim any remaining funds contributed to the project by Substitute Senate Bill No. 998 |
---|
1563 | | - | |
---|
1564 | | - | Public Act No. 23-207 49 of 75 |
---|
1565 | | - | |
---|
1566 | | - | individuals or entities under subsection (b) of this section and, upon |
---|
1567 | | - | receipt of any such remaining funds, the commissioner shall reallocate |
---|
1568 | | - | such funds to another eligible project. |
---|
1569 | | - | (e) The developer shall obtain the approval of the zoning commission, |
---|
1570 | | - | as defined in section 8-13m of the general statutes, of the municipality |
---|
1571 | | - | and of any other applicable municipal agency for the proposed |
---|
1572 | | - | workforce housing opportunity development project. After all such |
---|
1573 | | - | approvals are granted, the municipality may, not later than thirty days |
---|
1574 | | - | after such approval, by vote of its legislative body or, in a municipality |
---|
1575 | | - | where the legislative body is a town meeting, by vote of the board of |
---|
1576 | | - | selectmen, designate the workforce population that forty per cent of the |
---|
1577 | | - | project shall be dedicated to. Such designation may include volunteer |
---|
1578 | | - | firefighters, teachers, police officers, emergency medical personnel or |
---|
1579 | | - | other professions of persons working in the municipality. If the |
---|
1580 | | - | municipality does not vote within such time period, the developer shall |
---|
1581 | | - | designate the workforce population. |
---|
1582 | | - | (f) For taxable income years commencing on or after January 1, 2025, |
---|
1583 | | - | the Commissioner of Revenue Services shall grant a credit against the |
---|
1584 | | - | tax imposed under chapter 208 or 229 of the general statutes, other than |
---|
1585 | | - | the liability imposed by section 12-707 of the general statutes, in an |
---|
1586 | | - | amount equal to the amount specified by the Commissioner of Housing |
---|
1587 | | - | in a tax credit voucher issued by the Commissioner of Housing pursuant |
---|
1588 | | - | to subsection (g) of this section. |
---|
1589 | | - | (g) (1) The Commissioner of Housing shall administer a system of tax |
---|
1590 | | - | credit vouchers within the resources, requirements and purposes of this |
---|
1591 | | - | section, for individuals and entities making cash contributions to an |
---|
1592 | | - | eligible developer for an eligible workforce housing opportunity |
---|
1593 | | - | development project. Such voucher may be used as a credit against the |
---|
1594 | | - | tax to which such individual or entity is subject under chapter 208 or 229 |
---|
1595 | | - | of the general statutes, other than the liability imposed by section 12-707 |
---|
1596 | | - | of the general statutes. Substitute Senate Bill No. 998 |
---|
1597 | | - | |
---|
1598 | | - | Public Act No. 23-207 50 of 75 |
---|
1599 | | - | |
---|
1600 | | - | (2) In no event shall the total amount of all tax credits allowed to all |
---|
1601 | | - | individuals or entities pursuant to the provisions of this section exceed |
---|
1602 | | - | five million dollars in any one fiscal year. |
---|
1603 | | - | (3) No tax credit shall be granted to any individual or entity for any |
---|
1604 | | - | individual amount contributed of less than two hundred fifty dollars. |
---|
1605 | | - | (4) Any tax credit not used in the taxable income year during which |
---|
1606 | | - | the cash contribution was made may be carried forward or backward |
---|
1607 | | - | for the five immediately succeeding or preceding taxable or income |
---|
1608 | | - | years until the full credit has been allowed. |
---|
1609 | | - | (5) If an entity claiming a credit under this section is an S corporation |
---|
1610 | | - | or an entity treated as a partnership for federal income tax purposes, the |
---|
1611 | | - | credit may be claimed by the entity's shareholders or partners. If the |
---|
1612 | | - | entity is a single member limited liability company that is disregarded |
---|
1613 | | - | as an entity separate from its owner, the credit may be claimed by such |
---|
1614 | | - | limited liability company's owner, provided such owner is subject to the |
---|
1615 | | - | tax imposed under chapter 208 or 229 of the general statutes. |
---|
1616 | | - | (h) The Commissioner of Housing shall adopt regulations, in |
---|
1617 | | - | accordance with the provisions of chapter 54 of the general statutes, to |
---|
1618 | | - | implement the provisions of this section, including, but not limited to, |
---|
1619 | | - | the conditions for certification of a developer applying for assistance |
---|
1620 | | - | under this section. |
---|
1621 | | - | Sec. 29. Section 12-63b of the general statutes is repealed and the |
---|
1622 | | - | following is substituted in lieu thereof (Effective June 1, 2024, and |
---|
1623 | | - | applicable to assessment years commencing on or after June 1, 2024): |
---|
1624 | | - | (a) The assessor or board of assessors in any town, at any time, when |
---|
1625 | | - | determining the present true and actual value of real property as |
---|
1626 | | - | provided in section 12-63, which property is used primarily for the |
---|
1627 | | - | purpose of producing rental income, exclusive of such property used |
---|
1628 | | - | solely for residential purposes, containing not more than six dwelling Substitute Senate Bill No. 998 |
---|
1629 | | - | |
---|
1630 | | - | Public Act No. 23-207 51 of 75 |
---|
1631 | | - | |
---|
1632 | | - | units and in which the owner resides, shall determine such value on the |
---|
1633 | | - | basis of an appraisal which shall include to the extent applicable with |
---|
1634 | | - | respect to such property, consideration of each of the following methods |
---|
1635 | | - | of appraisal: (1) Replacement cost less depreciation, plus the market |
---|
1636 | | - | value of the land, (2) capitalization of net income based on market rent |
---|
1637 | | - | for similar property, and (3) a sales comparison approach based on |
---|
1638 | | - | current bona fide sales of comparable property. The provisions of this |
---|
1639 | | - | section shall not be applicable with respect to any housing assisted by |
---|
1640 | | - | the federal or state government except any such housing for which the |
---|
1641 | | - | federal assistance directly related to rent for each unit in such housing |
---|
1642 | | - | is no less than the difference between the fair market rent for each such |
---|
1643 | | - | unit in the applicable area and the amount of rent payable by the tenant |
---|
1644 | | - | in each such unit, as determined under the federal program providing |
---|
1645 | | - | for such assistance. |
---|
1646 | | - | (b) In the case of an eligible workforce housing opportunity |
---|
1647 | | - | development project, as defined in section 28 of this act, the assessor |
---|
1648 | | - | shall use the capitalization of net income method based on the actual |
---|
1649 | | - | rent received for the property. |
---|
1650 | | - | [(b)] (c) For purposes of subdivision (2) of subsection (a) of this |
---|
1651 | | - | section and, generally, in its use as a factor in any appraisal with respect |
---|
1652 | | - | to real property used primarily for the purpose of producing rental |
---|
1653 | | - | income, the term "market rent" means the rental income that such |
---|
1654 | | - | property would most probably command on the open market as |
---|
1655 | | - | indicated by present rentals being paid for comparable space. In |
---|
1656 | | - | determining market rent the assessor shall consider the actual rental |
---|
1657 | | - | income applicable with respect to such real property under the terms of |
---|
1658 | | - | an existing contract of lease at the time of such determination. |
---|
1659 | | - | Sec. 30. Section 8-395 of the general statutes is repealed and the |
---|
1660 | | - | following is substituted in lieu thereof (Effective June 1, 2024): |
---|
1661 | | - | (a) As used in this section, (1) "business firm" means any business Substitute Senate Bill No. 998 |
---|
1662 | | - | |
---|
1663 | | - | Public Act No. 23-207 52 of 75 |
---|
1664 | | - | |
---|
1665 | | - | entity authorized to do business in the state and subject to the |
---|
1666 | | - | corporation business tax imposed under chapter 208, or any company |
---|
1667 | | - | subject to a tax imposed under chapter 207, or any air carrier subject to |
---|
1668 | | - | the air carriers tax imposed under chapter 209, or any railroad company |
---|
1669 | | - | subject to the railroad companies tax imposed under chapter 210, or any |
---|
1670 | | - | regulated telecommunications service, express, cable or community |
---|
1671 | | - | antenna television company subject to the regulated |
---|
1672 | | - | telecommunications service, express, cable and community antenna |
---|
1673 | | - | television companies tax imposed under chapter 211, or any utility |
---|
1674 | | - | company subject to the utility companies tax imposed under chapter |
---|
1675 | | - | 212, [and] (2) "nonprofit corporation" means a nonprofit corporation |
---|
1676 | | - | incorporated pursuant to chapter 602 or any predecessor statutes |
---|
1677 | | - | thereto, having as one of its purposes the construction, rehabilitation, |
---|
1678 | | - | ownership or operation of housing and having articles of incorporation |
---|
1679 | | - | approved by the executive director of the Connecticut Housing Finance |
---|
1680 | | - | Authority in accordance with regulations adopted pursuant to section |
---|
1681 | | - | 8-79a or 8-84, (3) "workforce housing development project" or "project" |
---|
1682 | | - | means the construction or substantial rehabilitation of dwelling units for |
---|
1683 | | - | rental housing where (A) ten per cent of the units are affordable |
---|
1684 | | - | housing, (B) forty per cent of the units are rented to the workforce |
---|
1685 | | - | population designated by the developer, in consultation with the |
---|
1686 | | - | municipality where such project is located, and (C) fifty per cent of the |
---|
1687 | | - | units are rented at a market rate and includes, but is not limited to, an |
---|
1688 | | - | eligible workforce housing opportunity development project, as defined |
---|
1689 | | - | in section 28 of this act, (4) "affordable housing" means rental housing |
---|
1690 | | - | for which persons and families pay thirty per cent or less of their annual |
---|
1691 | | - | income, where such income is less than or equal to the area median |
---|
1692 | | - | income for the municipality in which such housing is located, as |
---|
1693 | | - | determined by the United States Department of Housing and Urban |
---|
1694 | | - | Development, (5) "substantial rehabilitation" means either (A) the costs |
---|
1695 | | - | of any repair, replacement or improvement to a building that exceeds |
---|
1696 | | - | twenty-five per cent of the value of such building after the completion |
---|
1697 | | - | of all such repairs, replacements or improvements, or (B) the Substitute Senate Bill No. 998 |
---|
1698 | | - | |
---|
1699 | | - | Public Act No. 23-207 53 of 75 |
---|
1700 | | - | |
---|
1701 | | - | replacement of two or more of the following: (i) Roof structures, (ii) |
---|
1702 | | - | ceilings, (iii) wall or floor structures, (iv) foundations, (v) plumbing |
---|
1703 | | - | systems, (vi) heating and air conditioning systems, or (vii) electrical |
---|
1704 | | - | systems, and (6) "market rate" means the rental income that such unit |
---|
1705 | | - | would most probably command on the open market as indicated by |
---|
1706 | | - | present rentals being paid for comparable space in the area where the |
---|
1707 | | - | unit is located. |
---|
1708 | | - | (b) The Commissioner of Revenue Services shall grant a credit against |
---|
1709 | | - | [any] the tax [due] imposed under [the provisions of] chapter 207, 208, |
---|
1710 | | - | 209, 210, 211 or 212 in an amount equal to the amount specified by the |
---|
1711 | | - | Connecticut Housing Finance Authority in any tax credit voucher |
---|
1712 | | - | issued by said authority pursuant to subsection (c) of this section. |
---|
1713 | | - | (c) The Connecticut Housing Finance Authority shall administer a |
---|
1714 | | - | system of tax credit vouchers within the resources, requirements and |
---|
1715 | | - | purposes of this section, for business firms making cash contributions to |
---|
1716 | | - | housing programs developed, sponsored or managed by a nonprofit |
---|
1717 | | - | corporation, as defined in subsection (a) of this section, which benefit |
---|
1718 | | - | low and moderate income persons or families which have been |
---|
1719 | | - | approved prior to the date of any such cash contribution by the |
---|
1720 | | - | authority, including, but not limited to, contributions for a workforce |
---|
1721 | | - | housing development project. Such vouchers may be used as a credit |
---|
1722 | | - | against any of the taxes to which such business firm is subject and which |
---|
1723 | | - | are enumerated in subsection (b) of this section. For taxable or income |
---|
1724 | | - | years commencing on or after January 1, 1998, to be eligible for approval |
---|
1725 | | - | a housing program shall be scheduled for completion not more than |
---|
1726 | | - | three years from the date of approval. For taxable or income years |
---|
1727 | | - | commencing on or after January 1, 2024, to be eligible for approval, a |
---|
1728 | | - | workforce housing development project shall be scheduled for |
---|
1729 | | - | completion not more than three years from the date of approval. Each |
---|
1730 | | - | program or developer of a workforce housing development project shall |
---|
1731 | | - | submit to the authority quarterly progress reports and a final report Substitute Senate Bill No. 998 |
---|
1732 | | - | |
---|
1733 | | - | Public Act No. 23-207 54 of 75 |
---|
1734 | | - | |
---|
1735 | | - | upon completion, in a manner and form prescribed by the authority. If |
---|
1736 | | - | a program or workforce housing development project fails to be |
---|
1737 | | - | completed [after] on or before three years from the date of approval of |
---|
1738 | | - | the project, or at any time the authority determines that a program or |
---|
1739 | | - | project is unlikely to be completed, the authority may reclaim any |
---|
1740 | | - | remaining funds contributed by business firms and reallocate such |
---|
1741 | | - | funds to another eligible program or project. |
---|
1742 | | - | (d) No business firm shall receive a credit pursuant to both this |
---|
1743 | | - | section and chapter 228a in relation to the same cash contribution. |
---|
1744 | | - | (e) Nothing in this section shall be construed to prevent two or more |
---|
1745 | | - | business firms from participating jointly in one or more programs or |
---|
1746 | | - | projects under the provisions of this section. Such joint programs or |
---|
1747 | | - | projects shall be submitted, and acted upon, as a single program or |
---|
1748 | | - | project by the business firms involved. |
---|
1749 | | - | (f) No tax credit shall be granted to any business firm for any |
---|
1750 | | - | individual amount contributed of less than two hundred fifty dollars. |
---|
1751 | | - | (g) Any tax credit not used in the [period] taxable income year during |
---|
1752 | | - | which the cash contribution was made may be carried forward or |
---|
1753 | | - | backward for the five immediately succeeding or preceding taxable or |
---|
1754 | | - | income years until the full credit has been allowed. |
---|
1755 | | - | (h) In no event shall the total amount of all tax credits allowed to all |
---|
1756 | | - | business firms pursuant to the provisions of this section exceed ten |
---|
1757 | | - | million dollars in any one fiscal year, provided, each year until the date |
---|
1758 | | - | sixty days after the date the Connecticut Housing Finance Authority |
---|
1759 | | - | publishes the list of housing programs or workforce housing |
---|
1760 | | - | development projects that will receive tax credit reservations, two |
---|
1761 | | - | million dollars of the total amount of all tax credits under this section |
---|
1762 | | - | shall be set aside for permanent supportive housing initiatives |
---|
1763 | | - | established pursuant to section 17a-485c, and one million dollars of the Substitute Senate Bill No. 998 |
---|
1764 | | - | |
---|
1765 | | - | Public Act No. 23-207 55 of 75 |
---|
1766 | | - | |
---|
1767 | | - | total amount of all tax credits under this section shall be set aside for |
---|
1768 | | - | workforce housing, as defined by the Connecticut Housing Finance |
---|
1769 | | - | Authority through written procedures adopted pursuant to subsection |
---|
1770 | | - | (k) of this section. Each year, on or after the date sixty days after the date |
---|
1771 | | - | the Connecticut Housing Finance Authority publishes the list of |
---|
1772 | | - | housing programs or projects that will receive tax credit reservations, |
---|
1773 | | - | any unused portion of such tax credits shall become available for any |
---|
1774 | | - | housing program or project eligible for tax credits pursuant to this |
---|
1775 | | - | section. |
---|
1776 | | - | (i) No organization conducting a housing program or [programs] |
---|
1777 | | - | project eligible for funding with respect to which tax credits may be |
---|
1778 | | - | allowed under this section shall be allowed to receive an aggregate |
---|
1779 | | - | amount of such funding for any such program or [programs] project in |
---|
1780 | | - | excess of five hundred thousand dollars for any fiscal year. |
---|
1781 | | - | (j) Nothing in this section shall be construed to prevent a business |
---|
1782 | | - | firm from making any cash contribution to a housing program or project |
---|
1783 | | - | to which tax credits may be applied which cash contribution may result |
---|
1784 | | - | in the business firm having a limited equity interest in the program or |
---|
1785 | | - | project. |
---|
1786 | | - | (k) The Connecticut Housing Finance Authority, with the approval of |
---|
1787 | | - | the Commissioner of Revenue Services, shall adopt written procedures |
---|
1788 | | - | in accordance with section 1-121 to implement the provisions of this |
---|
1789 | | - | section. Such procedures shall include provisions for issuing tax credit |
---|
1790 | | - | vouchers for cash contributions to housing programs or projects based |
---|
1791 | | - | on a system of ranking housing programs. In establishing such ranking |
---|
1792 | | - | system, the authority shall consider the following: (1) The readiness of |
---|
1793 | | - | the project to be built; (2) use of the funds to build or rehabilitate a |
---|
1794 | | - | specific housing project or to capitalize a revolving loan fund providing |
---|
1795 | | - | low-cost loans for housing construction, repair or rehabilitation to |
---|
1796 | | - | benefit persons of very low, low and moderate income; (3) the extent the |
---|
1797 | | - | project will benefit families at or below twenty-five per cent of the area Substitute Senate Bill No. 998 |
---|
1798 | | - | |
---|
1799 | | - | Public Act No. 23-207 56 of 75 |
---|
1800 | | - | |
---|
1801 | | - | median income and families with incomes between twenty-five per cent |
---|
1802 | | - | and fifty per cent of the area median income, as defined by the United |
---|
1803 | | - | States Department of Housing and Urban Development; (4) evidence of |
---|
1804 | | - | the general administrative capability of the nonprofit corporation to |
---|
1805 | | - | build or rehabilitate housing; (5) evidence that any funds received by |
---|
1806 | | - | the nonprofit corporation for which a voucher was issued were used to |
---|
1807 | | - | accomplish the goals set forth in the application; and (6) with respect to |
---|
1808 | | - | any income year commencing on or after January 1, 1998: (A) Use of the |
---|
1809 | | - | funds to provide housing opportunities in urban areas and the impact |
---|
1810 | | - | of such funds on neighborhood revitalization; and (B) the extent to |
---|
1811 | | - | which tax credit funds are leveraged by other funds. |
---|
1812 | | - | (l) Vouchers issued or reserved by the Department of Housing under |
---|
1813 | | - | the provisions of this section prior to July 1, 1995, shall be valid on and |
---|
1814 | | - | after July 1, 1995, to the same extent as they would be valid under the |
---|
1815 | | - | provisions of this section in effect on June 30, 1995. |
---|
1816 | | - | (m) The credit which is sought by the business firm shall first be |
---|
1817 | | - | claimed on the tax return for such business firm's taxable income or year |
---|
1818 | | - | during which the cash contribution to which the tax credit voucher |
---|
1819 | | - | relates was paid. |
---|
1820 | | - | Sec. 31. Section 29-263 of the general statutes is repealed and the |
---|
1821 | | - | following is substituted in lieu thereof (Effective June 1, 2024): |
---|
1822 | | - | (a) Except as provided in subsection (h) of section 29-252a and the |
---|
1823 | | - | State Building Code adopted pursuant to subsection (a) of section 29- |
---|
1824 | | - | 252, after October 1, 1970, no building or structure shall be constructed |
---|
1825 | | - | or altered until an application has been filed with the building official |
---|
1826 | | - | and a permit issued. Such application shall be filed in person, by mail or |
---|
1827 | | - | electronic mail, in a manner prescribed by the building official. Such |
---|
1828 | | - | permit shall be issued or refused, in whole or in part, within thirty days |
---|
1829 | | - | after the date of an application. No permit shall be issued except upon |
---|
1830 | | - | application of the owner of the premises affected or the owner's Substitute Senate Bill No. 998 |
---|
1831 | | - | |
---|
1832 | | - | Public Act No. 23-207 57 of 75 |
---|
1833 | | - | |
---|
1834 | | - | authorized agent. No permit shall be issued to a contractor who is |
---|
1835 | | - | required to be registered pursuant to chapter 400, for work to be |
---|
1836 | | - | performed by such contractor, unless the name, business address and |
---|
1837 | | - | Department of Consumer Protection registration number of such |
---|
1838 | | - | contractor is clearly marked on the application for the permit, and the |
---|
1839 | | - | contractor has presented such contractor's certificate of registration as a |
---|
1840 | | - | home improvement contractor. Prior to the issuance of a permit and |
---|
1841 | | - | within said thirty-day period, the building official shall review the plans |
---|
1842 | | - | of buildings or structures to be constructed or altered, including, but not |
---|
1843 | | - | limited to, plans prepared by an architect licensed pursuant to chapter |
---|
1844 | | - | 390, a professional engineer licensed pursuant to chapter 391 or an |
---|
1845 | | - | interior designer registered pursuant to chapter 396a acting within the |
---|
1846 | | - | scope of such license or registration, to determine their compliance with |
---|
1847 | | - | the requirements of the State Building Code and, where applicable, the |
---|
1848 | | - | local fire marshal shall review such plans to determine their compliance |
---|
1849 | | - | with the Fire Safety Code. Such plans submitted for review shall be in |
---|
1850 | | - | substantial compliance with the provisions of the State Building Code |
---|
1851 | | - | and, where applicable, with the provisions of the Fire Safety Code. |
---|
1852 | | - | (b) On and after July 1, 1999, the building official shall assess an |
---|
1853 | | - | education fee on each building permit application. During the fiscal year |
---|
1854 | | - | commencing July 1, 1999, the amount of such fee shall be sixteen cents |
---|
1855 | | - | per one thousand dollars of construction value as declared on the |
---|
1856 | | - | building permit application and the building official shall remit such |
---|
1857 | | - | fees quarterly to the Department of Administrative Services, for deposit |
---|
1858 | | - | in the General Fund. Upon deposit in the General Fund, the amount of |
---|
1859 | | - | such fees shall be credited to the appropriation to the Department of |
---|
1860 | | - | Administrative Services and shall be used for the code training and |
---|
1861 | | - | educational programs established pursuant to section 29-251c and the |
---|
1862 | | - | educational programs required in subsections (a) and (b) of section 29- |
---|
1863 | | - | 262. On and after July 1, 2000, the assessment shall be made in |
---|
1864 | | - | accordance with regulations adopted pursuant to subsection (d) of |
---|
1865 | | - | section 29-251c. All fees collected pursuant to this subsection shall be Substitute Senate Bill No. 998 |
---|
1866 | | - | |
---|
1867 | | - | Public Act No. 23-207 58 of 75 |
---|
1868 | | - | |
---|
1869 | | - | maintained in a separate account by the local building department. |
---|
1870 | | - | During the fiscal year commencing July 1, 1999, the local building |
---|
1871 | | - | department may retain two per cent of such fees for administrative costs |
---|
1872 | | - | incurred in collecting such fees and maintaining such account. On and |
---|
1873 | | - | after July 1, 2000, the portion of such fees which may be retained by a |
---|
1874 | | - | local building department shall be determined in accordance with |
---|
1875 | | - | regulations adopted pursuant to subsection (d) of section 29-251c. No |
---|
1876 | | - | building official shall assess such education fee on a building permit |
---|
1877 | | - | application to repair or replace a concrete foundation that has |
---|
1878 | | - | deteriorated due to the presence of pyrrhotite. |
---|
1879 | | - | (c) Any municipality may, by ordinance adopted by its legislative |
---|
1880 | | - | body, exempt Class I renewable energy source projects from payment |
---|
1881 | | - | of building permit fees imposed by the municipality. |
---|
1882 | | - | (d) Notwithstanding any municipal charter, home rule ordinance or |
---|
1883 | | - | special act, no municipality shall collect an application fee on a building |
---|
1884 | | - | permit application to repair or replace a concrete foundation that has |
---|
1885 | | - | deteriorated due to the presence of pyrrhotite. |
---|
1886 | | - | (e) Notwithstanding any municipal charter, home rule ordinance or |
---|
1887 | | - | special act, no municipality shall collect any fee for a building permit |
---|
1888 | | - | application for the construction or substantial rehabilitation of (1) an |
---|
1889 | | - | eligible workforce housing opportunity development project, as defined |
---|
1890 | | - | in section 28 of this act, or (2) a workforce housing development project, |
---|
1891 | | - | as defined in section 8-395, as amended by this act. |
---|
1892 | | - | Sec. 32. (NEW) (Effective June 1, 2024, and applicable to assessment years |
---|
1893 | | - | commencing on or after June 1, 2024) The legislative body of any |
---|
1894 | | - | municipality or, in a municipality where the legislative body is a town |
---|
1895 | | - | meeting, the board of selectmen may, by ordinance, exempt from real |
---|
1896 | | - | property tax any workforce housing development project, as defined in |
---|
1897 | | - | section 8-395 of the general statutes, as amended by this act, to the extent |
---|
1898 | | - | of seventy per cent of its valuation for purposes of assessment in each Substitute Senate Bill No. 998 |
---|
1899 | | - | |
---|
1900 | | - | Public Act No. 23-207 59 of 75 |
---|
1901 | | - | |
---|
1902 | | - | of the seven full assessment years following the assessment year in |
---|
1903 | | - | which the construction or substantial rehabilitation, as defined in |
---|
1904 | | - | section 8-395 of the general statutes, as amended by this act, is |
---|
1905 | | - | completed. |
---|
1906 | | - | Sec. 33. (NEW) (Effective June 1, 2024) (a) Beginning with the fiscal |
---|
1907 | | - | year commencing July 1, 2025, the Secretary of the Office of Policy and |
---|
1908 | | - | Management shall pay a state grant in lieu of taxes to any municipality |
---|
1909 | | - | that has opted to partially exempt from real property tax a workforce |
---|
1910 | | - | housing development project under section 32 of this act and submitted |
---|
1911 | | - | an application for such grant. A municipality shall apply for such grant |
---|
1912 | | - | annually on a form and in a manner prescribed by the secretary. On or |
---|
1913 | | - | before January first, annually, the Secretary of the Office of Policy and |
---|
1914 | | - | Management shall determine the amount due to such municipality, in |
---|
1915 | | - | accordance with this section. |
---|
1916 | | - | (b) Any grant payable to any municipality that applies for a grant |
---|
1917 | | - | under the provisions of this section shall be equal to seventy per cent of |
---|
1918 | | - | the property taxes that, except for any exemption applicable to any such |
---|
1919 | | - | housing authority property under the provisions of chapter 128 of the |
---|
1920 | | - | general statutes, would have been paid with respect to such exempt real |
---|
1921 | | - | property on the assessment list in such municipality for the assessment |
---|
1922 | | - | date two years prior to the commencement of the state fiscal year in |
---|
1923 | | - | which such grant is payable, for a maximum of seven assessment years. |
---|
1924 | | - | The amount of the grant payable to each municipality in any year in |
---|
1925 | | - | accordance with this section shall be reduced proportionately in the |
---|
1926 | | - | event that the total of such grants in such year exceeds the amount |
---|
1927 | | - | appropriated for the purposes of this section with respect to such year. |
---|
1928 | | - | Sec. 34. (NEW) (Effective June 1, 2024) The Connecticut Housing |
---|
1929 | | - | Finance Authority shall develop and administer a program of mortgage |
---|
1930 | | - | assistance for (1) developers for the construction or substantial |
---|
1931 | | - | rehabilitation of eligible workforce housing opportunity development |
---|
1932 | | - | projects, as defined in section 28 of this act, and (2) developers for the Substitute Senate Bill No. 998 |
---|
1933 | | - | |
---|
1934 | | - | Public Act No. 23-207 60 of 75 |
---|
1935 | | - | |
---|
1936 | | - | construction or substantial rehabilitation of workforce housing |
---|
1937 | | - | development projects, as defined in section 8-395 of the general statutes, |
---|
1938 | | - | as amended by this act. In making mortgage assistance available under |
---|
1939 | | - | the program, the authority shall utilize any appropriate housing |
---|
1940 | | - | subsidies. |
---|
1941 | | - | Sec. 35. (Effective from passage) The Department of Housing shall, |
---|
1942 | | - | within available appropriations, conduct a study on methods to (1) |
---|
1943 | | - | increase housing options for apprentices and other newly hired |
---|
1944 | | - | employees, and (2) enable such apprentices and other newly hired |
---|
1945 | | - | employees to reside in the municipalities in which they work. Not later |
---|
1946 | | - | than January 1, 2024, the Commissioner of Housing shall submit a |
---|
1947 | | - | report, in accordance with the provisions of section 11-4a of the general |
---|
1948 | | - | statutes, to the joint standing committee of the General Assembly |
---|
1949 | | - | having cognizance of matters relating to housing. Such report shall |
---|
1950 | | - | include recommendations on methods to increase such housing options |
---|
1951 | | - | and any legislation necessary to implement such recommendations. |
---|
1952 | | - | Sec. 36. (NEW) (Effective from passage) (a) There is established the |
---|
1953 | | - | majority leaders' roundtable group on affordable housing. The group |
---|
1954 | | - | shall study (1) existing affordable housing policies, programs and |
---|
1955 | | - | initiatives in the state, (2) the potential conversion of state properties |
---|
1956 | | - | into affordable housing developments, (3) successful models and best |
---|
1957 | | - | practices from other states or regions to inform potential policy |
---|
1958 | | - | recommendations, (4) the potential conversion of commercial properties |
---|
1959 | | - | such as hotels, malls and office buildings into residential buildings, and |
---|
1960 | | - | (5) any other topics related to the promotion and development of |
---|
1961 | | - | affordable housing in the state. |
---|
1962 | | - | (b) The roundtable group shall consist of the following members: |
---|
1963 | | - | (1) The cochairs and ranking members of the joint standing |
---|
1964 | | - | committees of the General Assembly having cognizance of matters |
---|
1965 | | - | relating to housing and planning and development; Substitute Senate Bill No. 998 |
---|
1966 | | - | |
---|
1967 | | - | Public Act No. 23-207 61 of 75 |
---|
1968 | | - | |
---|
1969 | | - | (2) The majority leader of the Senate; |
---|
1970 | | - | (3) The majority leader of the House of Representatives; |
---|
1971 | | - | (4) Three appointed by the majority leader of the House of |
---|
1972 | | - | Representatives, one of whom has expertise in public housing, one of |
---|
1973 | | - | whom represents a regional council of governments, and one of whom |
---|
1974 | | - | represents a business advocacy organization or regional chamber of |
---|
1975 | | - | commerce; |
---|
1976 | | - | (5) Three appointed by the majority leader of the Senate, one of whom |
---|
1977 | | - | has expertise in regional planning, one of whom has expertise in local |
---|
1978 | | - | planning and zoning, and one of whom has expertise in housing |
---|
1979 | | - | development; |
---|
1980 | | - | (6) The Commissioner of Administrative Services, or the |
---|
1981 | | - | commissioner's designee; |
---|
1982 | | - | (7) The Commissioner of Housing, or the commissioner's designee; |
---|
1983 | | - | (8) The Commissioner of Economic and Community Development, |
---|
1984 | | - | or the commissioner's designee; |
---|
1985 | | - | (9) The Commissioner of Transportation, or the commissioner's |
---|
1986 | | - | designee; |
---|
1987 | | - | (10) The Responsible Growth Coordinator, or the coordinator's |
---|
1988 | | - | designee; |
---|
1989 | | - | (11) The executive director of the Connecticut Housing Finance |
---|
1990 | | - | Authority, or the executive director's designee; |
---|
1991 | | - | (12) A representative of the Connecticut Conference of |
---|
1992 | | - | Municipalities; and |
---|
1993 | | - | (13) A representative of the Connecticut Council of Small Towns. Substitute Senate Bill No. 998 |
---|
1994 | | - | |
---|
1995 | | - | Public Act No. 23-207 62 of 75 |
---|
1996 | | - | |
---|
1997 | | - | (c) Any member of the roundtable group appointed under |
---|
1998 | | - | subdivision (1), (2), (3) or (4) of subsection (b) of this section may be a |
---|
1999 | | - | member of the General Assembly. |
---|
2000 | | - | (d) All initial appointments to the roundtable group shall be made |
---|
2001 | | - | not later than thirty days after the effective date of this section. Any |
---|
2002 | | - | vacancy shall be filled by the appointing authority. |
---|
2003 | | - | (e) The majority leader of the Senate and the majority leader of the |
---|
2004 | | - | House of Representatives shall be the chairpersons for the roundtable |
---|
2005 | | - | group. The chairpersons shall schedule the first meeting of the |
---|
2006 | | - | roundtable group, which shall be held not later than sixty days after the |
---|
2007 | | - | effective date of this section. |
---|
2008 | | - | (f) The administrative staff of the joint standing committee of the |
---|
2009 | | - | General Assembly having cognizance of matters relating to housing |
---|
2010 | | - | shall serve as administrative staff of the roundtable group. |
---|
2011 | | - | (g) Not later than January 1, 2024, and annually on January first |
---|
2012 | | - | thereafter, the roundtable group shall submit a report on its findings |
---|
2013 | | - | and recommendations to the joint standing committee of the General |
---|
2014 | | - | Assembly having cognizance of matters relating to housing, in |
---|
2015 | | - | accordance with the provisions of section 11-4a of the general statutes. |
---|
2016 | | - | Sec. 37. Section 8-336q of the general statutes is repealed and the |
---|
2017 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
---|
2018 | | - | (a) The commissioner, in consultation with the Treasurer, the |
---|
2019 | | - | Secretary of the Office of Policy and Management and the Connecticut |
---|
2020 | | - | Housing Finance Authority, [and after consideration of the |
---|
2021 | | - | recommendations of the committee established by subsection (b) of this |
---|
2022 | | - | section,] shall establish regulations and criteria for rating various |
---|
2023 | | - | proposals for funds under the Housing Trust Fund program. The |
---|
2024 | | - | regulations shall be adopted pursuant to chapter 54 and posted on the |
---|
2025 | | - | department's web site. Substitute Senate Bill No. 998 |
---|
2026 | | - | |
---|
2027 | | - | Public Act No. 23-207 63 of 75 |
---|
2028 | | - | |
---|
2029 | | - | [(b) There shall be a Housing Trust Fund Program Advisory |
---|
2030 | | - | Committee. Said committee shall meet at least semiannually and shall |
---|
2031 | | - | advise the commissioner on (1) the administration, management and |
---|
2032 | | - | objectives of the Housing Trust Fund program; and (2) the development |
---|
2033 | | - | of regulations, procedures and rating criteria for the program. The |
---|
2034 | | - | committee shall be appointed by the commissioner, in consultation with |
---|
2035 | | - | the Treasurer and the secretary and shall include the chairpersons and |
---|
2036 | | - | ranking members of the joint standing committee of the General |
---|
2037 | | - | Assembly having cognizance of matters relating to planning and |
---|
2038 | | - | development, and the joint standing committee of the General |
---|
2039 | | - | Assembly having cognizance of matters relating to housing and |
---|
2040 | | - | representatives from each of the following: (A) The nonprofit housing |
---|
2041 | | - | development community; (B) the for-profit housing development |
---|
2042 | | - | community; (C) a housing authority; (D) a community development |
---|
2043 | | - | financial institution; (E) the Connecticut Housing Finance Authority; (F) |
---|
2044 | | - | a state-wide housing organization; (G) an elected or appointed official |
---|
2045 | | - | of a municipality with a population of less than fifty thousand; (H) an |
---|
2046 | | - | elected or appointed official of a municipality with a population |
---|
2047 | | - | between fifty thousand and one hundred thousand; (I) an elected or |
---|
2048 | | - | appointed official of a municipality with a population in excess of one |
---|
2049 | | - | hundred thousand; and (J) the employers of the state, which may be |
---|
2050 | | - | satisfied by the appointment of a representative from a state business |
---|
2051 | | - | and industry association or regional chambers of commerce.] |
---|
2052 | | - | [(c)] (b) The commissioner may adopt regulations, in accordance with |
---|
2053 | | - | the provisions of chapter 54, to carry out the provisions of sections 8- |
---|
2054 | | - | 336m to 8-336q, inclusive, as amended by this act. |
---|
2055 | | - | [(d)] (c) The commissioner may request, inspect and audit reports, |
---|
2056 | | - | books and records and any other financial or project-related information |
---|
2057 | | - | with respect to eligible applicants that receive financial assistance, |
---|
2058 | | - | including, without limitation, resident or employment information, |
---|
2059 | | - | financial and operating statements and audits. The commissioner may Substitute Senate Bill No. 998 |
---|
2060 | | - | |
---|
2061 | | - | Public Act No. 23-207 64 of 75 |
---|
2062 | | - | |
---|
2063 | | - | investigate the accuracy and completeness of such reports, books and |
---|
2064 | | - | records. |
---|
2065 | | - | [(e)] (d) Whenever financial assistance is provided pursuant to |
---|
2066 | | - | section 8-336p, the commissioner may take all reasonable steps and |
---|
2067 | | - | exercise all available remedies necessary or desirable to protect the |
---|
2068 | | - | obligations or interests of the state, including, but not limited to, |
---|
2069 | | - | amending any term or condition of a contract or agreement, provided |
---|
2070 | | - | such amendment is allowed or agreed to pursuant to such contract or |
---|
2071 | | - | agreement, or purchasing or redeeming, pursuant to foreclosure |
---|
2072 | | - | proceedings, bankruptcy proceedings or in other judicial proceedings, |
---|
2073 | | - | any property on which such commissioner or the department holds a |
---|
2074 | | - | mortgage or other lien, or in which the commissioner or the department |
---|
2075 | | - | has an interest. |
---|
2076 | | - | Sec. 38. Subsection (d) of section 47a-21 of the general statutes is |
---|
2077 | | - | repealed and the following is substituted in lieu thereof (Effective October |
---|
2078 | | - | 1, 2023): |
---|
2079 | | - | (d) (1) Not later than the time specified in subdivision (2) of this |
---|
2080 | | - | subsection, the person who is the landlord at the time a tenancy is |
---|
2081 | | - | terminated, other than a rent receiver, shall pay to the tenant or former |
---|
2082 | | - | tenant: (A) The amount of any security deposit that was deposited by |
---|
2083 | | - | the tenant with the person who was landlord at the time such security |
---|
2084 | | - | deposit was deposited less the value of any damages that any person |
---|
2085 | | - | who was a landlord of such premises at any time during the tenancy of |
---|
2086 | | - | such tenant has suffered as a result of such tenant's failure to comply |
---|
2087 | | - | with such tenant's obligations; and (B) any accrued interest. If the |
---|
2088 | | - | landlord at the time of termination of a tenancy is a rent receiver, such |
---|
2089 | | - | rent receiver shall return security deposits in accordance with the |
---|
2090 | | - | provisions of subdivision (3) of this subsection. |
---|
2091 | | - | (2) Upon termination of a tenancy, any tenant may notify the landlord |
---|
2092 | | - | in writing of such tenant's forwarding address. Not later than [thirty] Substitute Senate Bill No. 998 |
---|
2093 | | - | |
---|
2094 | | - | Public Act No. 23-207 65 of 75 |
---|
2095 | | - | |
---|
2096 | | - | twenty-one days after termination of a tenancy or fifteen days after |
---|
2097 | | - | receiving written notification of such tenant's forwarding address, |
---|
2098 | | - | whichever is later, each landlord other than a rent receiver shall deliver |
---|
2099 | | - | to the tenant or former tenant at such forwarding address either (A) the |
---|
2100 | | - | full amount of the security deposit paid by such tenant plus accrued |
---|
2101 | | - | interest, or (B) the balance of such security deposit and accrued interest |
---|
2102 | | - | after deduction for any damages suffered by such landlord by reason of |
---|
2103 | | - | such tenant's failure to comply with such tenant's obligations, together |
---|
2104 | | - | with a written statement itemizing the nature and amount of such |
---|
2105 | | - | damages. Any landlord who violates any provision of this subsection |
---|
2106 | | - | shall be liable for twice the amount of any security deposit paid by such |
---|
2107 | | - | tenant, except that, if the only violation is the failure to deliver the |
---|
2108 | | - | accrued interest, such landlord shall be liable for ten dollars or twice the |
---|
2109 | | - | amount of the accrued interest, whichever is greater. |
---|
2110 | | - | (3) (A) Any receiver who is authorized by a court to return security |
---|
2111 | | - | deposits and to inspect the premises of any tenant shall pay security |
---|
2112 | | - | deposits and accrued interest in accordance with the provisions of |
---|
2113 | | - | subdivisions (1) and (2) of this subsection from the operating income of |
---|
2114 | | - | such receivership to the extent that any such payments exceed the |
---|
2115 | | - | amount in any escrow accounts for such tenants. (B) Any rent receiver |
---|
2116 | | - | shall present any claim by any tenant for return of a security deposit to |
---|
2117 | | - | the court which authorized the rent receiver. Such court shall determine |
---|
2118 | | - | the validity of any such claim and shall direct such rent receiver to pay |
---|
2119 | | - | from the escrow account or from the operating income of such property |
---|
2120 | | - | the amount due such tenant as determined by such court. |
---|
2121 | | - | Sec. 39. Subsection (i) of section 47a-21 of the general statutes is |
---|
2122 | | - | repealed and the following is substituted in lieu thereof (Effective October |
---|
2123 | | - | 1, 2023): |
---|
2124 | | - | (i) On and after July 1, 1993, each landlord other than a landlord of a |
---|
2125 | | - | residential unit in any building owned or controlled by any educational |
---|
2126 | | - | institution and used by such institution for the purpose of housing Substitute Senate Bill No. 998 |
---|
2127 | | - | |
---|
2128 | | - | Public Act No. 23-207 66 of 75 |
---|
2129 | | - | |
---|
2130 | | - | students of such institution and their families, and each landlord or |
---|
2131 | | - | owner of a mobile manufactured home or of a mobile manufactured |
---|
2132 | | - | home space or lot or park, as such terms are defined in subdivisions (1), |
---|
2133 | | - | (2) and (3) of section 21-64, shall pay interest on each security deposit |
---|
2134 | | - | received by such landlord at a rate of not less than the average rate paid, |
---|
2135 | | - | as of December 30, 1992, on savings deposits by insured commercial |
---|
2136 | | - | banks as published in the Federal Reserve Board Bulletin rounded to the |
---|
2137 | | - | nearest one-tenth of one percentage point, except in no event shall the |
---|
2138 | | - | rate be less than one and one-half per cent. On and after January 1, 1994, |
---|
2139 | | - | the rate for each calendar year shall be not less than the deposit index, |
---|
2140 | | - | determined under this section as it was in effect during such year. On |
---|
2141 | | - | and after January 1, 2012, the rate for each calendar year shall be not less |
---|
2142 | | - | than the deposit index, as defined in section 36a-26, for that year. On the |
---|
2143 | | - | anniversary date of the tenancy and annually thereafter, such interest |
---|
2144 | | - | shall be paid to the tenant or resident or credited toward the next rental |
---|
2145 | | - | payment due from the tenant or resident, as the landlord or owner shall |
---|
2146 | | - | determine. If the tenancy is terminated before the anniversary date of |
---|
2147 | | - | such tenancy, or if the landlord or owner returns all or part of a security |
---|
2148 | | - | deposit prior to termination of the tenancy, the landlord or owner shall |
---|
2149 | | - | pay the accrued interest to the tenant or resident not later than [thirty] |
---|
2150 | | - | twenty-one days after such termination or return. Interest shall not be |
---|
2151 | | - | paid to a tenant for any month in which the tenant has been delinquent |
---|
2152 | | - | for more than ten days in the payment of any monthly rent, unless the |
---|
2153 | | - | landlord imposes a late charge for such delinquency. No landlord shall |
---|
2154 | | - | increase the rent due from a tenant because of the requirement that the |
---|
2155 | | - | landlord pay on interest the security deposit. |
---|
2156 | | - | Sec. 40. Section 8-45 of the general statutes is repealed and the |
---|
2157 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
---|
2158 | | - | (a) Each housing authority shall manage and operate its housing |
---|
2159 | | - | projects in an efficient manner so as to enable it to fix the rentals for |
---|
2160 | | - | dwelling accommodations at the lowest possible rates consistent with Substitute Senate Bill No. 998 |
---|
2161 | | - | |
---|
2162 | | - | Public Act No. 23-207 67 of 75 |
---|
2163 | | - | |
---|
2164 | | - | providing decent, safe and sanitary dwelling accommodations, and no |
---|
2165 | | - | housing authority shall construct or operate any such project for profit |
---|
2166 | | - | or as a source of revenue to the municipality. [To this end an] An |
---|
2167 | | - | authority shall fix the rentals for dwelling in its projects at no higher |
---|
2168 | | - | rates than it finds to be necessary in order to produce revenues which, |
---|
2169 | | - | together with all other available money, revenues, income and receipts |
---|
2170 | | - | of the authority from whatever sources derived, will be sufficient [(a)] |
---|
2171 | | - | (1) to pay, as the same become due, the principal and interest on the |
---|
2172 | | - | bonds of the authority; [(b)] (2) to meet the cost of, and to provide for, |
---|
2173 | | - | maintaining and operating the projects, including the cost of any |
---|
2174 | | - | insurance, and the administrative expenses of the authority; and [(c)] (3) |
---|
2175 | | - | to create, during not less than six years immediately succeeding its |
---|
2176 | | - | issuance of any bonds, a reserve sufficient to meet the largest principal |
---|
2177 | | - | and interest payments which will be due on such bonds in any one year |
---|
2178 | | - | thereafter and to maintain such reserve. |
---|
2179 | | - | (b) In the operation or management of housing projects an authority |
---|
2180 | | - | shall, at all times, rent or lease the dwelling accommodations therein at |
---|
2181 | | - | rentals within the financial reach of families of low income. The |
---|
2182 | | - | authority, subject to approval by the Commissioner of Housing, shall fix |
---|
2183 | | - | maximum income limits for the admission and for the continued |
---|
2184 | | - | occupancy of families in such housing, provided such maximum income |
---|
2185 | | - | limits and all revisions thereof for housing projects operated pursuant |
---|
2186 | | - | to any contract with any agency of the federal government shall be |
---|
2187 | | - | subject to the prior approval of such federal agency. The [Commissioner |
---|
2188 | | - | of Housing] commissioner shall define the income of a family to provide |
---|
2189 | | - | the basis for determining eligibility for the admission and for the |
---|
2190 | | - | continued occupancy of families under the maximum income limits |
---|
2191 | | - | fixed and approved. The definition of family income [,] by the |
---|
2192 | | - | [Commissioner of Housing,] commissioner may provide for the |
---|
2193 | | - | exclusion of all or part of the income of family members which, in the |
---|
2194 | | - | judgment of [said] the commissioner, is not generally available to meet |
---|
2195 | | - | the cost of basic living needs of the family. Substitute Senate Bill No. 998 |
---|
2196 | | - | |
---|
2197 | | - | Public Act No. 23-207 68 of 75 |
---|
2198 | | - | |
---|
2199 | | - | (c) Any housing authority administering a tenant-based rental |
---|
2200 | | - | assistance program, such as the federal Housing Choice Voucher |
---|
2201 | | - | program, shall, not later than thirty days after setting or updating the |
---|
2202 | | - | payment standard, as defined in 24 CFR 982.4, or any similar maximum |
---|
2203 | | - | monthly assistance payment for a dwelling accommodation, post such |
---|
2204 | | - | payment standard in a prominent and publicly accessible location on its |
---|
2205 | | - | Internet web site or the Internet web site of the municipality in which |
---|
2206 | | - | such authority is located. Such posting shall include (1) a disclaimer |
---|
2207 | | - | alerting program participants that the maximum allowable payment |
---|
2208 | | - | standard may not be applied in full to the actual rental rate paid by the |
---|
2209 | | - | applicant in certain circumstances, and (2) any rules or regulations |
---|
2210 | | - | adopted by such authority regarding such rental assistance programs. |
---|
2211 | | - | (d) Not later than January 1, 2024, the Commissioner of Housing, in |
---|
2212 | | - | consultation with the housing authorities of the state, shall develop a |
---|
2213 | | - | common rental application that may be used by any such housing |
---|
2214 | | - | authority. |
---|
2215 | | - | (e) No housing authority shall refuse to rent any dwelling |
---|
2216 | | - | accommodation to an otherwise qualified applicant on the ground that |
---|
2217 | | - | one or more of the proposed occupants are children born out of |
---|
2218 | | - | wedlock. |
---|
2219 | | - | (f) Each housing authority shall provide a receipt to each applicant |
---|
2220 | | - | for admission to its housing projects stating the time and date of |
---|
2221 | | - | application and shall maintain a list of such applications, which shall be |
---|
2222 | | - | a public record, as defined in section 1-200. The [Commissioner of |
---|
2223 | | - | Housing] commissioner shall, by regulation, provide for the manner in |
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2224 | | - | which such list shall be created, maintained and revised. |
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2225 | | - | (g) No provision of this chapter shall be construed as limiting the |
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2226 | | - | right of the authority to vest in an obligee the right, in the event of a |
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2227 | | - | default by such authority, to take possession of a housing project or |
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2228 | | - | cause the appointment of a receiver thereof or acquire title thereto Substitute Senate Bill No. 998 |
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2229 | | - | |
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2230 | | - | Public Act No. 23-207 69 of 75 |
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2231 | | - | |
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2232 | | - | through foreclosure proceedings, free from all the restrictions imposed |
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2233 | | - | by this chapter with respect to rental rates and tenant selection. |
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2234 | | - | Sec. 41. Section 8-48 of the general statutes is repealed and the |
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2235 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
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2236 | | - | In the cases of any tenants who are the recipients of one hundred per |
---|
2237 | | - | cent social services aid from the Department of Social Services of the |
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2238 | | - | state or any municipality and who have no income from any other |
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2239 | | - | source, rentals shall be fixed by each housing authority for the ensuing |
---|
2240 | | - | rental year established by the authority based on one-half of the costs |
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2241 | | - | and expenses set forth in subdivision (1) of subsection (a) of section 8- |
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2242 | | - | 45, as amended by this act, plus the full amount of costs and expenses |
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2243 | | - | set forth in [subsections (b) and (c) of said section] subdivisions (2) and |
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2244 | | - | (3) of said subsection as set forth in the operating statements of the |
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2245 | | - | authority for the preceding fiscal year, which total amount shall be |
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2246 | | - | divided by the total number of rooms contained in all low-rent housing |
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2247 | | - | projects operated by such housing authority to establish the rental cost |
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2248 | | - | per room per annum for such tenants, from which figure shall be |
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2249 | | - | computed the rent per month per room. Said rentals shall govern for |
---|
2250 | | - | said rental year. |
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2251 | | - | Sec. 42. Section 10-285a of the general statutes is repealed and the |
---|
2252 | | - | following is substituted in lieu thereof (Effective October 1, 2023): |
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2253 | | - | (a)(1) The percentage of school building project grant money a local |
---|
2254 | | - | board of education may be eligible to receive, under the provisions of |
---|
2255 | | - | section 10-286, shall be assigned by the Commissioner of Administrative |
---|
2256 | | - | Services in accordance with the percentage calculated by the |
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2257 | | - | Commissioner of Education as follows: (A) For grants approved |
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2258 | | - | pursuant to section 10-283 for which application is made on and after |
---|
2259 | | - | July 1, 1991, and before July 1, 2011, (i) each town shall be ranked in |
---|
2260 | | - | descending order from one to one hundred sixty-nine according to such |
---|
2261 | | - | town's adjusted equalized net grand list per capita, as defined in section Substitute Senate Bill No. 998 |
---|
2262 | | - | |
---|
2263 | | - | Public Act No. 23-207 70 of 75 |
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2264 | | - | |
---|
2265 | | - | 10-261; and (ii) based upon such ranking, a percentage of not less than |
---|
2266 | | - | twenty nor more than eighty shall be determined for each town on a |
---|
2267 | | - | continuous scale; (B) for grants approved pursuant to section 10-283 for |
---|
2268 | | - | which application is made on and after July 1, 2011, and before July 1, |
---|
2269 | | - | 2017, (i) each town shall be ranked in descending order from one to one |
---|
2270 | | - | hundred sixty-nine according to such town's adjusted equalized net |
---|
2271 | | - | grand list per capita, as defined in section 10-261, and (ii) based upon |
---|
2272 | | - | such ranking, (I) a percentage of not less than ten nor more than seventy |
---|
2273 | | - | shall be determined for new construction or replacement of a school |
---|
2274 | | - | building for each town on a continuous scale, and (II) a percentage of |
---|
2275 | | - | not less than twenty nor more than eighty shall be determined for |
---|
2276 | | - | renovations, extensions, code violations, roof replacements and major |
---|
2277 | | - | alterations of an existing school building and the new construction or |
---|
2278 | | - | replacement of a school building when a town or regional school district |
---|
2279 | | - | can demonstrate that a new construction or replacement is less |
---|
2280 | | - | expensive than a renovation, extension or major alteration of an existing |
---|
2281 | | - | school building for each town on a continuous scale; (C) for grants |
---|
2282 | | - | approved pursuant to section 10-283 for which application is made on |
---|
2283 | | - | and after July 1, 2017, and before June 1, 2022, (i) each town shall be |
---|
2284 | | - | ranked in descending order from one to one hundred sixty-nine |
---|
2285 | | - | according to the adjusted equalized net grand list per capita, as defined |
---|
2286 | | - | in section 10-261, of the town two, three and four years prior to the fiscal |
---|
2287 | | - | year in which application is made, (ii) based upon such ranking, (I) a |
---|
2288 | | - | percentage of not less than ten nor more than seventy shall be |
---|
2289 | | - | determined for new construction or replacement of a school building for |
---|
2290 | | - | each town on a continuous scale, and (II) a percentage of not less than |
---|
2291 | | - | twenty nor more than eighty shall be determined for renovations, |
---|
2292 | | - | extensions, code violations, roof replacements and major alterations of |
---|
2293 | | - | an existing school building and the new construction or replacement of |
---|
2294 | | - | a school building when a town or regional school district can |
---|
2295 | | - | demonstrate that a new construction or replacement is less expensive |
---|
2296 | | - | than a renovation, extension or major alteration of an existing school |
---|
2297 | | - | building for each town on a continuous scale; and (D) except as Substitute Senate Bill No. 998 |
---|
2298 | | - | |
---|
2299 | | - | Public Act No. 23-207 71 of 75 |
---|
2300 | | - | |
---|
2301 | | - | otherwise provided in subdivision (2) of this subsection, for grants |
---|
2302 | | - | approved pursuant to section 10-283 for which application is made on |
---|
2303 | | - | and after June 1, 2022, (i) each town shall be ranked in descending order |
---|
2304 | | - | from one to one hundred sixty-nine according to the adjusted equalized |
---|
2305 | | - | net grand list per capita, as defined in section 10-261, of the town two, |
---|
2306 | | - | three and four years prior to the fiscal year in which application is made, |
---|
2307 | | - | and (ii) based upon such ranking, (I) a percentage of not less than ten |
---|
2308 | | - | nor more than seventy shall be determined for new construction or |
---|
2309 | | - | replacement of a school building for each town on a continuous scale, |
---|
2310 | | - | and (II) a percentage of not less than twenty nor more than eighty shall |
---|
2311 | | - | be determined for renovations, extensions, code violations, roof |
---|
2312 | | - | replacements and major alterations of an existing school building and |
---|
2313 | | - | the new construction or replacement of a school building when a town |
---|
2314 | | - | or regional school district can demonstrate that a new construction or |
---|
2315 | | - | replacement is less expensive than a renovation, extension or major |
---|
2316 | | - | alteration of an existing school building for each town on a continuous |
---|
2317 | | - | scale. |
---|
2318 | | - | (2) For grants approved pursuant to section 10-283 for which |
---|
2319 | | - | application is made prior to July 1, 2047, the percentage of school |
---|
2320 | | - | building project grant money a local board of education for (A) any |
---|
2321 | | - | town with a total population of eighty thousand or greater may be |
---|
2322 | | - | eligible to receive shall be the greater of the percentage calculated |
---|
2323 | | - | pursuant to subdivision (1) of this subsection or sixty per cent, and (B) |
---|
2324 | | - | the town of Cheshire shall be the greater of the percentage calculated |
---|
2325 | | - | pursuant to subdivision (1) of this subsection or fifty per cent. |
---|
2326 | | - | (b) (1) Except as otherwise provided in subdivision (2) of this |
---|
2327 | | - | subsection, the percentage of school building project grant money a |
---|
2328 | | - | regional board of education may be eligible to receive under the |
---|
2329 | | - | provisions of section 10-286 shall be determined by its ranking. Such |
---|
2330 | | - | ranking shall be determined by (A) multiplying the total population, as |
---|
2331 | | - | defined in section 10-261, of each town in the district by such town's Substitute Senate Bill No. 998 |
---|
2332 | | - | |
---|
2333 | | - | Public Act No. 23-207 72 of 75 |
---|
2334 | | - | |
---|
2335 | | - | ranking, as determined in subsection (a) of this section, (B) adding |
---|
2336 | | - | together the figures determined under subparagraph (A) of this |
---|
2337 | | - | subdivision, and (C) dividing the total computed under subparagraph |
---|
2338 | | - | (B) of this subdivision by the total population of all towns in the district. |
---|
2339 | | - | The ranking of each regional board of education shall be rounded to the |
---|
2340 | | - | next higher whole number and each such board shall receive the same |
---|
2341 | | - | reimbursement percentage as would a town with the same rank plus ten |
---|
2342 | | - | per cent, except that no such percentage shall exceed eighty-five per |
---|
2343 | | - | cent. |
---|
2344 | | - | (2) Any board of education of a regional school district established or |
---|
2345 | | - | expanded on or after July 1, 2016, that submits an application for a |
---|
2346 | | - | school building project (A) not later than ten years after the |
---|
2347 | | - | establishment or expansion of such regional school district, and (B) that |
---|
2348 | | - | is related to such establishment or expansion, may be eligible to receive |
---|
2349 | | - | a percentage of school building project grant money, under the |
---|
2350 | | - | provisions of section 10-286, as follows: The reimbursement percentage |
---|
2351 | | - | of the town in such regional school district with the greatest |
---|
2352 | | - | reimbursement percentage, as determined in subsection (a) of this |
---|
2353 | | - | section, plus ten per cent. |
---|
2354 | | - | (c) The percentage of school building project grant money a regional |
---|
2355 | | - | educational service center may be eligible to receive shall be determined |
---|
2356 | | - | by its ranking. Such ranking shall be determined by (1) multiplying the |
---|
2357 | | - | population of each member town in the regional educational service |
---|
2358 | | - | center by such town's ranking, as determined in subsection (a) of this |
---|
2359 | | - | section; (2) adding together the figures for each town determined under |
---|
2360 | | - | subdivision (1) of this subsection, and (3) dividing the total computed |
---|
2361 | | - | under subdivision (2) of this subsection by the total population of all |
---|
2362 | | - | member towns in the regional educational service center. The ranking |
---|
2363 | | - | of each regional educational service center shall be rounded to the next |
---|
2364 | | - | higher whole number and each such center shall receive the same |
---|
2365 | | - | reimbursement percentage as would a town with the same rank. Substitute Senate Bill No. 998 |
---|
2366 | | - | |
---|
2367 | | - | Public Act No. 23-207 73 of 75 |
---|
2368 | | - | |
---|
2369 | | - | (d) The percentage of school building project grant money a |
---|
2370 | | - | cooperative arrangement pursuant to section 10-158a, may be eligible to |
---|
2371 | | - | receive shall be determined by its ranking. Such ranking shall be |
---|
2372 | | - | determined by (1) multiplying the total population, as defined in section |
---|
2373 | | - | 10-261, of each town in the cooperative arrangement by such town's |
---|
2374 | | - | ranking, as determined in subsection (a) of this section, (2) adding the |
---|
2375 | | - | products determined under subdivision (1) of this subsection, and (3) |
---|
2376 | | - | dividing the total computed under subdivision (2) of this subsection by |
---|
2377 | | - | the total population of all towns in the cooperative arrangement. The |
---|
2378 | | - | ranking of each cooperative arrangement shall be rounded to the next |
---|
2379 | | - | higher whole number and each such cooperative arrangement shall |
---|
2380 | | - | receive the same reimbursement percentage as would a town with the |
---|
2381 | | - | same rank plus ten percentage points. |
---|
2382 | | - | (e) If an elementary school building project for a new building or for |
---|
2383 | | - | the expansion of an existing building includes space for a school |
---|
2384 | | - | readiness program, the percentage determined pursuant to this section |
---|
2385 | | - | shall be increased by five percentage points, but shall not exceed one |
---|
2386 | | - | hundred per cent, for the portion of the building used primarily for such |
---|
2387 | | - | purpose. Recipient districts shall maintain full-day preschool |
---|
2388 | | - | enrollment for at least ten years. |
---|
2389 | | - | (f) The percentage determined pursuant to this section for a school |
---|
2390 | | - | building project grant for the expansion, alteration or renovation of an |
---|
2391 | | - | existing public school building to convert such building for use as a |
---|
2392 | | - | lighthouse school, as defined in section 10-266cc, shall be increased by |
---|
2393 | | - | ten percentage points. |
---|
2394 | | - | (g) The percentage determined pursuant to this section for a school |
---|
2395 | | - | building project grant shall be increased by the percentage of the total |
---|
2396 | | - | projected enrollment of the school attributable to the number of spaces |
---|
2397 | | - | made available for out-of-district students participating in the program |
---|
2398 | | - | established pursuant to section 10-266aa, provided the maximum |
---|
2399 | | - | increase shall not exceed ten percentage points. Substitute Senate Bill No. 998 |
---|
2400 | | - | |
---|
2401 | | - | Public Act No. 23-207 74 of 75 |
---|
2402 | | - | |
---|
2403 | | - | (h) Subject to the provisions of section 10-285d, if an elementary |
---|
2404 | | - | school building project for a school in a priority school district or for a |
---|
2405 | | - | priority school is necessary in order to offer a full-day kindergarten |
---|
2406 | | - | program or a full-day preschool program or to reduce class size |
---|
2407 | | - | pursuant to section 10-265f, the percentage determined pursuant to this |
---|
2408 | | - | section shall be increased by ten percentage points for the portion of the |
---|
2409 | | - | building used primarily for such full-day kindergarten program, full- |
---|
2410 | | - | day preschool program or such reduced size classes. Recipient districts |
---|
2411 | | - | that receive an increase pursuant to this subsection in support of a full- |
---|
2412 | | - | day preschool program, shall maintain full-day preschool enrollment |
---|
2413 | | - | for at least ten years. |
---|
2414 | | - | (i) For all projects authorized on or after July 1, 2007, all attorneys' |
---|
2415 | | - | fees and court costs related to litigation shall be eligible for state school |
---|
2416 | | - | construction grant assistance only if the grant applicant is the prevailing |
---|
2417 | | - | party in any such litigation. |
---|
2418 | | - | (j) The percentage determined pursuant to this section for a school |
---|
2419 | | - | building project grant for a diversity school, approved pursuant to |
---|
2420 | | - | section 10-286h, shall be increased by ten percentage points. |
---|
2421 | | - | (k) The percentage of school building project grant money a local or |
---|
2422 | | - | regional board of education for a municipality deemed to be an inclusive |
---|
2423 | | - | municipality by the Commissioner of Housing may be eligible to receive |
---|
2424 | | - | shall be increased by five percentage points. As used in this subsection, |
---|
2425 | | - | "inclusive municipality" means any municipality that: (1) Has a total |
---|
2426 | | - | population, as defined in section 10-261, that is greater than six |
---|
2427 | | - | thousand; (2) has less than ten per cent of its housing units determined |
---|
2428 | | - | by the commissioner to be affordable; (3) has adopted and maintains |
---|
2429 | | - | zoning regulations that (A) promote fair housing, as determined by the |
---|
2430 | | - | commissioner, (B) provide a streamlined process for the approval of the |
---|
2431 | | - | development of multifamily housing of three units or more, (C) permit |
---|
2432 | | - | mixed-use development, and (D) allow accessory dwelling units; and |
---|
2433 | | - | (4) has constructed new affordable housing units that (A) are restricted, Substitute Senate Bill No. 998 |
---|
2434 | | - | |
---|
2435 | | - | Public Act No. 23-207 75 of 75 |
---|
2436 | | - | |
---|
2437 | | - | through deeds, covenants or other means, to individuals or families |
---|
2438 | | - | whose income is eighty per cent or less of the state median income, and |
---|
2439 | | - | (B) equal at least one per cent of such town's total housing units in the |
---|
2440 | | - | three years immediately preceding the submission of an application |
---|
2441 | | - | under this section. |
---|
2442 | | - | Sec. 43. (NEW) (Effective October 1, 2023) (a) The Commissioner of |
---|
2443 | | - | Housing shall, within available appropriations, establish a pilot |
---|
2444 | | - | program to provide temporary housing for (1) persons experiencing |
---|
2445 | | - | homelessness, or (2) veterans who need respite care. Such program shall |
---|
2446 | | - | be implemented in not fewer than three municipalities, each with a |
---|
2447 | | - | population of not less than seventy-five thousand, and shall provide not |
---|
2448 | | - | fewer than twenty housing units for eligible persons who need respite |
---|
2449 | | - | care because they are recovering from injury or illness. The |
---|
2450 | | - | commissioner shall establish eligibility criteria for persons eligible to |
---|
2451 | | - | participate in the pilot program. The commissioner may contract with |
---|
2452 | | - | one or more nonprofit organizations to administer the program. Not |
---|
2453 | | - | later than January 1, 2025, the commissioner shall submit a report on the |
---|
2454 | | - | pilot program, in accordance with the provisions of section 11-4a of the |
---|
2455 | | - | general statutes, to the joint standing committee of the General |
---|
2456 | | - | Assembly having cognizance of matters relating to housing. The pilot |
---|
2457 | | - | program shall terminate on January 1, 2025. |
---|
| 110 | + | PD Joint Favorable Subst. |
---|
| 111 | + | APP Joint Favorable |
---|
| 112 | + | FIN Joint Favorable |
---|