Connecticut 2024 Regular Session

Connecticut House Bill HB05242 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	HB.docx
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	3	+	LCO No. 1397 1 of 14
6	4
7		-	General Assembly ~~Substitute~~ Bill No. 5242
	5	+	General Assembly Raised Bill No. 5242
8	6		February Session, 2024
	7	+	LCO No. 1397
	8	+
	9	+
	10	+	Referred to Committee on HOUSING
	11	+
	12	+
	13	+	Introduced by:
	14	+	(HSG)
	15	+
9	16
10	17
11	18
12	19		AN ACT CONCERNING THE COLLATERAL CONSEQUENCES OF
13	20		CRIMINAL RECORDS ON HOUSING OPPORTUNITIES.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Section 46a-64b of the general statutes is repealed and the 1
18	25		following is substituted in lieu thereof (Effective October 1, 2024): 2
19	26		As used in sections 46a-51 to 46a-99, inclusive, as amended by this 3
20	27		act, and section 2 of this act: 4
21	28		(1) "Conviction" means a judgment entered by a court upon a plea of 5
22	29		guilty, a plea of nolo contendere or a finding of guilty by a jury or the 6
23	30		court, notwithstanding any pending appeal or habeas corpus 7
24	31		proceeding arising from such judgment. 8
25	32		[(1)] (2) "Discriminatory housing practice" means any discriminatory 9
26		-	practice specified in section 46a-64c ~~or [section] 46a-81e or~~ section 2 of 10
27		-	~~this act~~. 11
	33	+	practice specified in section 46a-64c, section 2 of this act or section 46a-10
	34	+	81e. 11
28	35		[(2)] (3) "Dwelling" means any building, structure, mobile 12
29		-	manufactured home park or portion thereof which is occupied as, or 13
	36	+	manufactured home park or portion thereof which is occupied as, or 13 Raised Bill No. 5242
	37	+
	38	+
	39	+
	40	+	LCO No. 1397 2 of 14
	41	+
30	42		designed or intended for occupancy as, a residence by one or more 14
31	43		families, and any vacant land which is offered for sale or lease for the 15
32	44		construction or location thereon of any such building, structure, mobile 16
33		-	manufactured home park or portion thereof. 17 Substitute Bill No. 5242
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	45	+	manufactured home park or portion thereof. 17
40	46		[(3)] (4) "Fair Housing Act" means Title VIII of the Civil Rights Act of 18
41		-	1968, as amended ~~from time to time~~, and known as the federal Fair 19
42		-	~~Housing Act (42 USC~~ 3600-3620). 20
	47	+	1968, as amended, and known as the federal Fair Housing Act (42 USC 19
	48	+	3600-3620). 20
43	49		[(4)] (5) "Family" includes a single individual. 21
44	50		[(5)] (6) "Familial status" means one or more individuals who have 22
45	51		not attained the age of eighteen years being domiciled with a parent or 23
46	52		another person having legal custody of such individual or individuals; 24
47	53		or the designee of such parent or other person having such custody with 25
48	54		the written permission of such parent or other person; or any person 26
49	55		who is pregnant or is in the process of securing legal custody of any 27
50	56		individual who has not attained the age of eighteen years. 28
51	57		[(6)] (7) "Housing for older persons" means housing: (A) Provided 29
52	58		under any state or federal program that the Secretary of the United 30
53	59		States Department of Housing and Urban Development determines is 31
54	60		specifically designed and operated to assist elderly persons as defined 32
55	61		in the state or federal program; or (B) intended for, and solely occupied 33
56	62		by, persons sixty-two years of age or older; or (C) intended and operated 34
57	63		for occupancy by [at least] not fewer than one person fifty-five years of 35
58	64		age or older per unit in accordance with the standards set forth in the 36
59	65		Fair Housing Act and regulations developed pursuant thereto by the 37
60	66		Secretary of the United States Department of Housing and Urban 38
61	67		Development. 39
62	68		(8) "Housing provider" means a landlord, as defined in section 47a-1, 40
63	69		an owner of a dwelling, an agent of such landlord or owner, a real estate 41
64	70		agent, a property manager, a housing authority created pursuant to 42
65	71		section 8-40, a public housing agency or other entity that provides 43
66		-	dwelling units to tenants or prospective tenants. 44
	72	+	dwelling units to tenants or prospective tenants. 44 Raised Bill No. 5242
	73	+
	74	+
	75	+
	76	+	LCO No. 1397 3 of 14
	77	+
67	78		[(7)] (9) "Mobile manufactured home park" means a plot of land upon 45
68	79		which two or more mobile manufactured homes occupied for 46
69	80		residential purposes are located. 47
70		-	[(8)] (10) "Physical or mental disability" includes, but is not limited to, 48 Substitute Bill No. 5242
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	81	+	[(8)] (10) "Physical or mental disability" includes, but is not limited to, 48
77	82		intellectual disability, as defined in section 1-1g, and physical disability, 49
78	83		as defined in subdivision (15) of section 46a-51, and also includes, but is 50
79	84		not limited to, persons who have a handicap as that term is defined in 51
80	85		the Fair Housing Act. 52
81	86		[(9)] (11) "Residential-real-estate-related transaction" means (A) the 53
82	87		making or purchasing of loans or providing other financial assistance 54
83	88		for purchasing, constructing, improving, repairing or maintaining a 55
84	89		dwelling, or secured by residential real estate; or (B) the selling, 56
85	90		brokering or appraising of residential real property. 57
86	91		[(10)] (12) "To rent" includes to lease, to sublease, to let and to 58
87	92		otherwise grant for a consideration the right to occupy premises not 59
88	93		owned by the occupant. 60
89	94		Sec. 2. (NEW) (Effective October 1, 2024) (a) Except as provided in 61
90	95		subsections (f) and (g) of this section, it shall be a discriminatory practice 62
91	96		in violation of this section for a housing provider to refuse to rent after 63
92	97		making a bona fide offer, or to refuse to negotiate for the rental of, or 64
93	98		otherwise make unavailable or deny a dwelling unit or deny occupancy 65
94		-	in a dwelling unit, to any person based on such person's criminal 66
95		-	~~conviction status,~~ except for a conviction for the commission of a felony 67
96		-	(1) during the three-year period ~~immediately preceding the rental~~ 68
97		-	application and, if a period of ~~incarceration resulted from such~~ 69
98		-	conviction, such period of ~~incarceration was for a period of less than~~ 70
99		-	three years, or (2) during the ~~one-year period immediately preceding~~ 71
100		-	the rental application after a ~~person has been released from~~ 72
101		-	incarceration resulting from such ~~conviction, if such incarceration was~~ 73
102		-	for a period of three or more years. 74
	99	+	in a dwelling unit, to any person based on such person's criminal record, 66
	100	+	except for a conviction for the commission of a felony described in 67
	101	+	subsection (b) of this section (1) during the three-year period 68
	102	+	immediately preceding the rental application, and if a period of 69
	103	+	incarceration resulted from such conviction, such period of 70
	104	+	incarceration was for a period of less than three years, or (2) during the 71
	105	+	one-year period immediately preceding the rental application after a 72
	106	+	person has been released from incarceration resulting from such 73
	107	+	conviction if such incarceration was for a period of three or more years. 74
103	108		(b) Within the applicable period specified in subsection (a) of this 75
104		-	section, before denying a rental application based on the criminal 76
	109	+	section, before denying a rental application based on the criminal 76 Raised Bill No. 5242
	110	+
	111	+
	112	+
	113	+	LCO No. 1397 4 of 14
	114	+
105	115		conviction of any applicant, a housing provider shall consider (1) the 77
106	116		nature and severity of the crime, (2) the relationship, if any, the crime 78
107	117		may have to the prospective tenancy of the convicted person, (3) 79
108		-	information pertaining to the degree of rehabilitation of the convicted 80 Substitute Bill No. 5242
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	118	+	information pertaining to the degree of rehabilitation of the convicted 80
115	119		person, and (4) the time elapsed since the conviction. 81
116	120		(c) In ascertaining whether an applicant has committed a crime, a 82
117	121		housing provider shall comply with all applicable laws, including, but 83
118	122		not limited to, the Fair Credit Reporting Act, 15 USC 1681 et seq., as 84
119	123		amended from time to time. An applicant's rental application may not 85
120	124		be denied based on (1) an official or unofficial record of an arrest or a 86
121	125		charge or other allegation of a criminal act not followed by a conviction, 87
122	126		(2) a violation of a condition of probation or parole resulting from 88
123	127		conduct that would not be a criminal act if it were not prohibited by 89
124	128		such condition, (3) a record of a conviction that has been erased, or (4) a 90
125	129		conviction for conduct that occurred when the applicant was a minor. 91
126	130		(d) Before denying a rental application under this section, a housing 92
127	131		provider shall provide written notice to the applicant that the 93
128	132		application requires further review due to the applicant's criminal 94
129	133		conviction. The housing provider shall provide the applicant not less 95
130	134		than five business days in which to respond to such notice and present 96
131	135		relevant mitigating information regarding the conviction and evidence 97
132	136		that the applicant would be a suitable tenant. Such evidence may 98
133		-	include, but ~~need~~ not be limited to, the following factors: (1) The nature 99
134		-	~~and~~ severity of the criminal offense; (2) the facts or circumstances 100
	137	+	include, but is not limited to, the following factors: (1) The nature and 99
	138	+	severity of the criminal offense; (2) the facts or circumstances 100
135	139		surrounding the criminal conduct; (3) the age of the applicant at the time 101
136	140		of the offense; (4) the length of time elapsed since the offense; (5) 102
137	141		evidence the applicant has maintained a good tenant history before or 103
138	142		after the offense; (6) the applicant's employment status; (7) any 104
139	143		information produced by the applicant, or produced on the applicant's 105
140	144		behalf, regarding the applicant's rehabilitation, good character or good 106
141	145		conduct since the offense; and (8) any evidence that the offense is 107
142	146		unlikely to reoccur. 108
143		-	(e) Except as provided in subsections (f) and (g) of this section, it shall 109
	147	+	(e) Except as provided in subsections (f) and (g) of this section, it shall 109 Raised Bill No. 5242
	148	+
	149	+
	150	+
	151	+	LCO No. 1397 5 of 14
	152	+
144	153		be a discriminatory practice in violation of this section to (1) 110
145	154		discriminate against any person in the terms, conditions or privileges of 111
146	155		the rental of a dwelling unit, or in the provision of services or facilities 112
147		-	in connection with the rental of such dwelling unit, because of such 113 Substitute Bill No. 5242
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	156	+	in connection with the rental of such dwelling unit, because of such 113
154	157		person's criminal conviction status; (2) make, print or publish, or cause 114
155	158		to be made, printed or published, any notice, statement or 115
156	159		advertisement with respect to the rental of a dwelling unit that indicates 116
157	160		any preference, limitation or discrimination based on criminal 117
158	161		conviction status, or an intention to make any such preference, 118
159	162		limitation or discrimination; (3) represent to any person because of 119
160	163		criminal conviction status that any dwelling unit is not available for 120
161	164		inspection or rental if such dwelling unit is so available; and (4) inquire 121
162	165		about an applicant's prior arrests, criminal charges or convictions on an 122
163	166		initial application for rental of a dwelling unit unless required to do so 123
164	167		by federal law. 124
165	168		(f) The provisions of this section shall not apply to a person who 125
166	169		applies for public housing who has a conviction for the manufacture or 126
167	170		production of methamphetamine on the premises of federally assisted 127
168	171		housing, or to a person subject to a lifetime registration requirement 128
169	172		under a state registration program pursuant to 24 CFR 960.204 and 24 129
170	173		CFR 982.553. Nothing in this section shall be construed to limit the 130
171	174		applicability of 24 CFR 960.204 or 24 CFR 982.553 regarding a public 131
172	175		housing authority. 132
173	176		(g) The provisions of this section shall not apply to (1) the rental of a 133
174	177		room or rooms in a single-family dwelling if the owner maintains and 134
175	178		occupies part of such dwelling as such owner's residence, or (2) a unit 135
176	179		in a dwelling containing not more than four units if the owner maintains 136
177	180		and occupies one of such units as such owner's residence. 137
178	181		(h) Nothing in this section shall be construed to limit the applicability 138
179	182		of any reasonable statute or municipal ordinance restricting the 139
180	183		maximum number of persons permitted to occupy a dwelling. 140
181		-	(i) Any person aggrieved by a violation of this section may file a 141
	184	+	(i) Any person aggrieved by a violation of this section may file a 141 Raised Bill No. 5242
	185	+
	186	+
	187	+
	188	+	LCO No. 1397 6 of 14
	189	+
182	190		complaint not later than one hundred eighty days after the alleged act 142
183	191		of discrimination, pursuant to section 46a-82 of the general statutes, as 143
184		-	amended by this act. 144 Substitute Bill No. 5242
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	192	+	amended by this act. 144
191	193		(j) Notwithstanding any other provision of chapter 814c of the general 145
192	194		statutes, complaints alleging a violation of this section shall be 146
193	195		investigated not later than one hundred days after filing and a final 147
194	196		administrative disposition shall be made not later than one year after 148
195	197		filing unless it is impracticable to do so. If the Commission on Human 149
196	198		Rights and Opportunities is unable to complete its investigation or make 150
197	199		a final administrative determination within such time frames, it shall 151
198	200		notify the complainant and the respondent, in writing, of the reasons for 152
199	201		not doing so. 153
200	202		(k) Not later than November 1, 2024, the Commission on Human 154
201	203		Rights and Opportunities shall post, and thereafter update as necessary, 155
202	204		a model form on its Internet web site for housing providers to use in 156
203	205		evaluating evidence and other information received under subsection 157
204	206		(c) of this section. 158
205	207		Sec. 3. Section 8-45a of the general statutes is repealed and the 159
206	208		following is substituted in lieu thereof (Effective October 1, 2024): 160
207	209		A housing authority, as defined in subsection (b) of section 8-39, in 161
208	210		determining eligibility for the rental of public housing units may 162
209	211		establish criteria and consider relevant information concerning (1) an 163
210	212		applicant's or any proposed occupant's history of criminal activity 164
211	213		involving: (A) Crimes of physical violence to persons or property, (B) 165
212	214		crimes involving the illegal manufacture, sale, distribution or use of, or 166
213	215		possession with intent to manufacture, sell, use or distribute, a 167
214	216		controlled substance, as defined in section 21a-240, or (C) other criminal 168
215	217		acts which would adversely affect the health, safety or welfare of other 169
216	218		tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 170
217	219		of abuse, of alcohol when the housing authority has reasonable cause to 171
218	220		believe that such applicant's or proposed occupant's abuse, or pattern of 172
219		-	abuse, of alcohol may interfere with the health, safety or right to 173
	221	+	abuse, of alcohol may interfere with the health, safety or right to 173 Raised Bill No. 5242
	222	+
	223	+
	224	+
	225	+	LCO No. 1397 7 of 14
	226	+
220	227		peaceful enjoyment of the premises by other residents, and (3) an 174
221	228		applicant or any proposed occupant who is subject to a lifetime 175
222	229		registration requirement under section 54-252 on account of being 176
223		-	convicted or found not guilty by reason of mental disease or defect of a 177 Substitute Bill No. 5242
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	230	+	convicted or found not guilty by reason of mental disease or defect of a 177
230	231		sexually violent offense. In evaluating any such information, the 178
231	232		housing authority shall give consideration to the time, nature and extent 179
232	233		of the applicant's or proposed occupant's conduct and to factors [which] 180
233	234		that might indicate a reasonable probability of favorable future conduct 181
234	235		such as evidence of rehabilitation and evidence of the willingness of the 182
235	236		applicant, the applicant's family or the proposed occupant to participate 183
236	237		in social service or other appropriate counseling programs and the 184
237	238		availability of such programs. Except as otherwise provided by law, a 185
238	239		housing authority shall limit its consideration of an applicant's or 186
239	240		proposed occupant's history of criminal activity to the applicable time 187
240	241		periods established under subsection (a) of section 2 of this act. 188
241	242		Sec. 4. Subdivision (8) of section 46a-51 of the 2024 supplement to the 189
242	243		general statutes is repealed and the following is substituted in lieu 190
243	244		thereof (Effective October 1, 2024): 191
244	245		(8) "Discriminatory practice" means a violation of section 4a-60, 4a-192
245	246		60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, 193
246	247		subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 194
247	248		and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 195
248		-	46a-66, 46a-68, ~~sections~~ 46a-68c to 46a-68f, inclusive, ~~[or] 46a-70 to 46a-~~196
249		-	78, inclusive, subsection (a) of section 46a-80~~, [~~or] sections ~~46a-81b to~~ 197
250		-	46a-81o, inclusive, [and] sections 46a-80b to 46a-80e, inclusive, ~~[and] or~~ 198
251		-	sections 46a-80k to 46a-80m, inclusive~~, or section 2 of this act~~; 199
	249	+	section 2 of this act, section 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, 196
	250	+	or 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80 or sections 197
	251	+	46a-81b to 46a-81o, inclusive, and sections 46a-80b to 46a-80e, inclusive, 198
	252	+	and sections 46a-80k to 46a-80m, inclusive; 199
252	253		Sec. 5. Subdivision (14) of section 46a-54 of the general statutes is 200
253	254		repealed and the following is substituted in lieu thereof (Effective October 201
254	255		1, 2024): 202
255	256		(14) To require the posting, by any respondent or other person subject 203
256		-	to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e or 204
257		-	section 2 of this act, of such notices of statutory provisions as it deems 205
258		-	desirable; 206
259		-	Sec. 6. Section 46a-74 of the general statutes is repealed and the 207
260		-	following is substituted in lieu thereof (Effective October 1, 2024): 208 Substitute Bill No. 5242
	257	+	to the requirements of section 46a-64, 46a-64c, section 2 of this act, 204
	258	+	section 46a-81d or 46a-81e, of such notices of statutory provisions as it 205 Raised Bill No. 5242
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	264	+	deems desirable; 206
	265	+	Sec. 6. Section 46a-74 of the general statutes is repealed and the 207
	266	+	following is substituted in lieu thereof (Effective October 1, 2024): 208
267	267		No state department, board or agency may permit any 209
268	268		discriminatory practice in violation of section 46a-59, 46a-64, 46a-64c, 210
269		-	sections 46a-80b to 46a-80e, inclusive, or 46a-80k to ~~46a-80m, inclusive,~~ 211
270		-	~~or section 2 of this act~~. 212
	269	+	section 2 of this act, sections 46a-80b to 46a-80e, inclusive, or 46a-80k to 211
	270	+	46a-80m, inclusive. 212
271	271		Sec. 7. Subsection (a) of section 46a-82 of the 2024 supplement to the 213
272	272		general statutes is repealed and the following is substituted in lieu 214
273	273		thereof (Effective October 1, 2024): 215
274	274		(a) Any person claiming to be aggrieved by an alleged discriminatory 216
275	275		practice, except for an alleged violation of section 4a-60g or 46a-68 or the 217
276	276		provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or 218
277	277		herself or by such person's attorney, file with the commission a 219
278	278		complaint in writing under oath, except that a complaint that alleges a 220
279	279		violation of section 46a-64c or section 2 of this act need not be notarized. 221
280	280		The complaint shall state the name and address of the person alleged to 222
281	281		have committed the discriminatory practice, provide a short and plain 223
282	282		statement of the allegations upon which the claim is based and contain 224
283	283		such other information as may be required by the commission. The 225
284	284		commission, whenever it has reason to believe that a person who is 226
285	285		named as party to a discriminatory practice complaint has engaged or 227
286	286		is engaged in conduct that constitutes a violation of part VI, of chapter 228
287	287		952, may refer such matter to the Office of the Chief State's Attorney and 229
288	288		said office shall conduct a further investigation as deemed necessary. 230
289	289		After the filing of a complaint, the commission shall provide the 231
290	290		complainant with a notice that: (1) Acknowledges receipt of the 232
291	291		complaint; and (2) advises of the time frames and choice of forums 233
292	292		available under this chapter. 234
293	293		Sec. 8. Subsections (a) to (c), inclusive, of section 46a-83 of the general 235
294	294		statutes are repealed and the following is substituted in lieu thereof 236
295		-	(Effective October 1, 2024): 237
	295	+	(Effective October 1, 2024): 237 Raised Bill No. 5242
	296	+
	297	+
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296	301		(a) Not later than fifteen days after the date of filing of any 238
297	302		discriminatory practice complaint pursuant to subsection (a) or (b) of 239
298		-	section 46a-82, as amended by this act, or an amendment to such 240 Substitute Bill No. 5242
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	303	+	section 46a-82, as amended by this act, or an amendment to such 240
305	304		complaint adding an additional respondent, the commission shall serve 241
306	305		the respondent as provided in section 46a-86a with the complaint and a 242
307	306		notice advising of the procedural rights and obligations of a respondent 243
308	307		under this chapter. The respondent shall either (1) file a written answer 244
309	308		to the complaint as provided in subsection (b) of this section, or (2) not 245
310	309		later than ten days after the date of receipt of the complaint, provide 246
311	310		written notice to the complainant and the commission that the 247
312	311		respondent has elected to participate in pre-answer conciliation, except 248
313	312		that a discriminatory practice complaint alleging a violation of section 249
314	313		46a-64c or 46a-81e shall not be subject to pre-answer conciliation. A 250
315	314		complaint sent by first class mail shall be considered to be received not 251
316	315		later than two days after the date of mailing, unless the respondent 252
317	316		proves otherwise. The commission shall conduct a pre-answer 253
318	317		conciliation conference not later than thirty days after the date of 254
319	318		receiving the respondent's request for pre-answer conciliation. 255
320	319		(b) Except as provided in this subsection, not later than thirty days 256
321	320		after the date (1) of receipt of the complaint, or (2) on which the 257
322	321		commission determines that the pre-answer conciliation conference was 258
323	322		unsuccessful, the respondent shall file a written answer to the 259
324	323		complaint, under oath, with the commission. The respondent may 260
325	324		request, and the commission may grant, one extension of time of not 261
326	325		more than fifteen days within which to file a written answer to the 262
327	326		complaint. An answer to any amendment to a complaint shall be filed 263
328	327		within twenty days of the date of receipt [to] of such amendment. The 264
329		-	answer to any complaint alleging a violation of section 46a-64c or ~~46a-~~265
330		-	~~81e or~~ section 2 of this act shall be filed not later than ten ~~days after the~~ 266
331		-	date of receipt of the complaint. 267
	328	+	answer to any complaint alleging a violation of section 46a-64c, [or] 265
	329	+	section 2 of this act or section 46a-81e shall be filed not later than ten 266
	330	+	days after the date of receipt of the complaint. 267
332	331		(c) Not later than sixty days after the date of the filing of the 268
333	332		respondent's answer, the executive director or the executive director's 269
334	333		designee shall conduct a case assessment review to determine whether 270
335		-	the complaint should be retained for further processing or dismissed 271
336		-	because (1) it fails to state a claim for relief or is frivolous on its face, (2) 272
337		-	the respondent is exempt from the provisions of this chapter, or (3) there 273 Substitute Bill No. 5242
	334	+	the complaint should be retained for further processing or dismissed 271 Raised Bill No. 5242
338	335
339	336
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342		-	10 of 14
343	337
	338	+	LCO No. 1397 10 of 14
	339	+
	340	+	because (1) it fails to state a claim for relief or is frivolous on its face, (2) 272
	341	+	the respondent is exempt from the provisions of this chapter, or (3) there 273
344	342		is no reasonable possibility that investigating the complaint will result 274
345	343		in a finding of reasonable cause. The case assessment review shall 275
346	344		include the complaint, the respondent's answer and the responses to the 276
347	345		commission's requests for information, and the complainant's 277
348	346		comments, if any, to the respondent's answer and information 278
349	347		responses. The executive director or the executive director's designee 279
350	348		shall send notice of any action taken pursuant to the case assessment 280
351	349		review in accordance with the provisions of section 46a-86a. For any 281
352	350		complaint dismissed pursuant to this subsection, the executive director 282
353	351		or the executive director's designee shall issue a release of jurisdiction 283
354	352		allowing the complainant to bring a civil action under section 46a-100. 284
355	353		This subsection and subsection (e) of this section shall not apply to any 285
356		-	complaint alleging a violation of section 46a-64c ~~or 46a-81e or~~ section 2 286
357		-	~~of this act~~. The executive director shall report the results of the case 287
	354	+	complaint alleging a violation of section 46a-64c, section 2 of this act or 286
	355	+	section 46a-81e. The executive director shall report the results of the case 287
358	356		assessment reviews made pursuant to this subsection to the commission 288
359	357		quarterly during each year. 289
360	358		Sec. 9. Subdivision (2) of subsection (g) of section 46a-83 of the general 290
361	359		statutes is repealed and the following is substituted in lieu thereof 291
362	360		(Effective October 1, 2024): 292
363	361		(2) If the investigator makes a finding that there is reasonable cause 293
364	362		to believe that a violation of section 46a-64c or section 2 of this act has 294
365	363		occurred, the complainant and the respondent shall have twenty days 295
366	364		from sending of the reasonable cause finding to elect a civil action in lieu 296
367	365		of an administrative hearing pursuant to section 46a-84. If either the 297
368	366		complainant or the respondent requests a civil action, the commission, 298
369	367		through the Attorney General or a commission legal counsel, shall 299
370	368		commence an action pursuant to subsection (b) of section 46a-89, as 300
371	369		amended by this act, not later than ninety days after the date of receipt 301
372	370		of the notice of election. If the Attorney General or a commission legal 302
373	371		counsel believes that injunctive relief, punitive damages or a civil 303
374	372		penalty would be appropriate, such relief, damages or penalty may also 304
375		-	be sought. The jurisdiction of the Superior Court in an action brought 305
376		-	under this subdivision shall be limited to such claims, counterclaims, 306 Substitute Bill No. 5242
	373	+	be sought. The jurisdiction of the Superior Court in an action brought 305 Raised Bill No. 5242
377	374
378	375
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382	376
	377	+	LCO No. 1397 11 of 14
	378	+
	379	+	under this subdivision shall be limited to such claims, counterclaims, 306
383	380		defenses or the like that could be presented at an administrative hearing 307
384	381		before the commission, had the complaint remained with the 308
385	382		commission for disposition. A complainant may intervene as a matter 309
386	383		of right in a civil action without permission of the court or the parties to 310
387	384		such action. If the Attorney General or commission legal counsel, as the 311
388	385		case may be, determines that the interests of the state will not be 312
389	386		adversely affected, the complainant or attorney for the complainant 313
390	387		shall present all or part of the case in support of the complaint. If the 314
391	388		Attorney General or a commission legal counsel determines that a 315
392	389		material mistake of law or fact has been made in the finding of 316
393	390		reasonable cause, the Attorney General or a commission legal counsel 317
394	391		may decline to bring a civil action and shall remand the file to the 318
395	392		investigator for further action. The investigator shall complete any such 319
396	393		action not later than ninety days after receipt of such file. 320
397	394		Sec. 10. Subsection (c) of section 46a-86 of the 2024 supplement to the 321
398	395		general statutes is repealed and the following is substituted in lieu 322
399	396		thereof (Effective October 1, 2024): 323
400	397		(c) In addition to any other action taken under this section, upon a 324
401	398		finding of a discriminatory practice prohibited by section 46a-58, 46a-325
402		-	59, 46a-64, 46a-64c, 46a-81b, 46a-81d or 46a-~~81e or section 2 of this act,~~ 326
403		-	the presiding officer shall determine the damage suffered by the 327
	399	+	59, 46a-64, 46a-64c, section 2 of this act, section 46a-81b, 46a-81d or 46a-326
	400	+	81e, the presiding officer shall determine the damage suffered by the 327
404	401		complainant, which damage shall include, but not be limited to, the 328
405	402		expense incurred by the complainant for obtaining alternate housing or 329
406	403		space, storage of goods and effects, moving costs and other costs 330
407	404		actually incurred by the complainant as a result of such discriminatory 331
408	405		practice and shall allow reasonable attorney's fees and costs. The 332
409	406		amount of attorney's fees allowed shall not be contingent upon the 333
410	407		amount of damages requested by or awarded to the complainant. 334
411	408		Sec. 11. Subdivision (1) of subsection (b) of section 46a-89 of the 335
412	409		general statutes is repealed and the following is substituted in lieu 336
413		-	thereof (Effective October 1, 2024): 337
414		-	(b) (1) Whenever a complaint filed pursuant to section 46a-82, as 338 Substitute Bill No. 5242
	410	+	thereof (Effective October 1, 2024): 337 Raised Bill No. 5242
415	411
416	412
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420	413
421		-	amended by this act, alleges a violation of section 46a-64, 46a-64c, 46a-339
422		-	81d or 46a-81e or section 2 of this act, and the commission believes that 340
423		-	injunctive relief is required or that the imposition of punitive damages 341
424		-	or a civil penalty would be appropriate, the commission may bring a 342
425		-	petition in the superior court for the judicial district in which the 343
426		-	discriminatory practice which is the subject of the complaint occurred 344
427		-	or the judicial district in which the respondent resides. 345
428		-	Sec. 12. Subsection (b) of section 46a-90a of the general statutes is 346
429		-	repealed and the following is substituted in lieu thereof (Effective October 347
430		-	1, 2024): 348
431		-	(b) When the presiding officer finds that the respondent has engaged 349
432		-	in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-350
433		-	64c, 46a-81c, 46a-81d or 46a-81e or section 2 of this act and grants relief 351
434		-	on the complaint, requiring that a temporary injunction remain in effect, 352
435		-	the executive director may, through the procedure outlined in 353
436		-	subsection (a) of section 46a-95, petition the court which granted the 354
437		-	original temporary injunction to make the injunction permanent. 355
438		-	Sec. 13. Section 46a-98a of the general statutes is repealed and the 356
439		-	following is substituted in lieu thereof (Effective October 1, 2024): 357
440		-	Any person claiming to be aggrieved by a violation of section 46a-64c 358
441		-	or 46a-81e or section 2 of this act or by a breach of a conciliation 359
442		-	agreement entered into pursuant to this chapter, may bring an action in 360
443		-	the Superior Court, or the housing session of said court if appropriate 361
444		-	within one year of the date of the alleged discriminatory practice or of a 362
445		-	breach of a conciliation agreement entered into pursuant to this chapter. 363
446		-	No action pursuant to this section may be brought in the Superior Court 364
447		-	regarding the alleged discriminatory practice after the commission has 365
448		-	obtained a conciliation agreement pursuant to section 46a-83, as 366
449		-	amended by this act, or commenced a hearing pursuant to section 46a-367
450		-	84, except for an action to enforce the conciliation agreement. The court 368
451		-	shall have the power to grant relief, by injunction or otherwise, as it 369
452		-	deems just and suitable. The court may grant any relief which a 370 Substitute Bill No. 5242
	414	+	LCO No. 1397 12 of 14
	415	+
	416	+	(b) (1) Whenever a complaint filed pursuant to section 46a-82, as 338
	417	+	amended by this act, alleges a violation of section 46a-64, 46a-64c, 339
	418	+	section 2 of this act, section 46a-81d or 46a-81e, and the commission 340
	419	+	believes that injunctive relief is required or that the imposition of 341
	420	+	punitive damages or a civil penalty would be appropriate, the 342
	421	+	commission may bring a petition in the superior court for the judicial 343
	422	+	district in which the discriminatory practice which is the subject of the 344
	423	+	complaint occurred or the judicial district in which the respondent 345
	424	+	resides. 346
	425	+	Sec. 12. Subsection (b) of section 46a-90a of the general statutes is 347
	426	+	repealed and the following is substituted in lieu thereof (Effective October 348
	427	+	1, 2024): 349
	428	+	(b) When the presiding officer finds that the respondent has engaged 350
	429	+	in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-351
	430	+	64c, section 2 of this act, section 46a-81c, 46a-81d or 46a-81e and grants 352
	431	+	relief on the complaint, requiring that a temporary injunction remain in 353
	432	+	effect, the executive director may, through the procedure outlined in 354
	433	+	subsection (a) of section 46a-95, petition the court which granted the 355
	434	+	original temporary injunction to make the injunction permanent. 356
	435	+	Sec. 13. Section 46a-98a of the general statutes is repealed and the 357
	436	+	following is substituted in lieu thereof (Effective October 1, 2024): 358
	437	+	Any person claiming to be aggrieved by a violation of section 46a-359
	438	+	64c, section 2 of this act or section 46a-81e or by a breach of a conciliation 360
	439	+	agreement entered into pursuant to this chapter, may bring an action in 361
	440	+	the Superior Court, or the housing session of said court if appropriate 362
	441	+	within one year of the date of the alleged discriminatory practice or of a 363
	442	+	breach of a conciliation agreement entered into pursuant to this chapter. 364
	443	+	No action pursuant to this section may be brought in the Superior Court 365
	444	+	regarding the alleged discriminatory practice after the commission has 366
	445	+	obtained a conciliation agreement pursuant to section 46a-83, as 367
	446	+	amended by this act, or commenced a hearing pursuant to section 46a-368
	447	+	84, except for an action to enforce the conciliation agreement. The court 369 Raised Bill No. 5242
453	448
454	449
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458	450
459		-	presiding officer may grant in a proceeding under section 46a-86, as 371
460		-	amended by this act, or which the court may grant in a proceeding 372
461		-	under section 46a-89, as amended by this act. The commission, through 373
462		-	commission legal counsel or the Attorney General, may intervene as a 374
463		-	matter of right in any action brought pursuant to this section without 375
464		-	permission of the court or the parties. 376
465		-	Sec. 14. Subdivision (1) of subsection (a) of section 47a-23c of the 2024 377
466		-	supplement to the general statutes is repealed and the following is 378
467		-	substituted in lieu thereof (Effective October 1, 2024): 379
468		-	(a) (1) Except as provided in subdivision (2) of this subsection, this 380
469		-	section applies to any tenant who resides in a building or complex 381
470		-	consisting of five or more separate dwelling units or who resides in a 382
471		-	mobile manufactured home park and who is either: (A) Sixty-two years 383
472		-	of age or older, or whose spouse, sibling, parent or grandparent is sixty-384
473		-	two years of age or older and permanently resides with that tenant, or 385
474		-	(B) a person with a physical or mental disability, as defined in 386
475		-	subdivision [(12)] (10) of section 46a-64b, as amended by this act, or 387
476		-	whose spouse, sibling, child, parent or grandparent is a person with a 388
477		-	physical or mental disability who permanently resides with that tenant, 389
478		-	but only if such disability can be expected to result in death or to last for 390
479		-	a continuous period of at least twelve months.391
	451	+	LCO No. 1397 13 of 14
	452	+
	453	+	shall have the power to grant relief, by injunction or otherwise, as it 370
	454	+	deems just and suitable. The court may grant any relief which a 371
	455	+	presiding officer may grant in a proceeding under section 46a-86, as 372
	456	+	amended by this act, or which the court may grant in a proceeding 373
	457	+	under section 46a-89, as amended by this act. The commission, through 374
	458	+	commission legal counsel or the Attorney General, may intervene as a 375
	459	+	matter of right in any action brought pursuant to this section without 376
	460	+	permission of the court or the parties. 377
	461	+	Sec. 14. Subdivision (1) of subsection (a) of section 47a-23c of the 2024 378
	462	+	supplement to the general statutes is repealed and the following is 379
	463	+	substituted in lieu thereof (Effective October 1, 2024): 380
	464	+	(a) (1) Except as provided in subdivision (2) of this subsection, this 381
	465	+	section applies to any tenant who resides in a building or complex 382
	466	+	consisting of five or more separate dwelling units or who resides in a 383
	467	+	mobile manufactured home park and who is either: (A) Sixty-two years 384
	468	+	of age or older, or whose spouse, sibling, parent or grandparent is sixty-385
	469	+	two years of age or older and permanently resides with that tenant, or 386
	470	+	(B) a person with a physical or mental disability, as defined in 387
	471	+	subdivision [(12)] (10) of section 46a-64b, as amended by this act, or 388
	472	+	whose spouse, sibling, child, parent or grandparent is a person with a 389
	473	+	physical or mental disability who permanently resides with that tenant, 390
	474	+	but only if such disability can be expected to result in death or to last for 391
	475	+	a continuous period of at least twelve months.392
480	476		This act shall take effect as follows and shall amend the following
481	477		sections:
482	478
483	479		Section 1 October 1, 2024 46a-64b
484	480		Sec. 2 October 1, 2024 New section
485	481		Sec. 3 October 1, 2024 8-45a
486	482		Sec. 4 October 1, 2024 46a-51(8)
487	483		Sec. 5 October 1, 2024 46a-54(14)
488	484		Sec. 6 October 1, 2024 46a-74
489	485		Sec. 7 October 1, 2024 46a-82(a)
490	486		Sec. 8 October 1, 2024 46a-83(a) to (c)
491		-	Sec. 9 October 1, 2024 46a-83(g)(2)
492		-	Sec. 10 October 1, 2024 46a-86(c) Substitute Bill No. 5242
	487	+	Sec. 9 October 1, 2024 46a-83(g)(2) Raised Bill No. 5242
493	488
494	489
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498	490
	491	+	LCO No. 1397 14 of 14
	492	+
	493	+	Sec. 10 October 1, 2024 46a-86(c)
499	494		Sec. 11 October 1, 2024 46a-89(b)(1)
500	495		Sec. 12 October 1, 2024 46a-90a(b)
501	496		Sec. 13 October 1, 2024 46a-98a
502	497		Sec. 14 October 1, 2024 47a-23c(a)(1)
503	498
504		-	Statement of Legislative Commissioners:
505		-	In Section 1(2), language was rephrased for consistency of style, in
506		-	Section 1(4), "from time to time" was added for consistency with
507		-	standard drafting conventions, in Section 2(a), "criminal record" was
508		-	changed to "criminal conviction status" for consistency and "as
509		-	described in subsection (b) of this section" was deleted for accuracy, and
510		-	Sections 4, 5, 6, 8(b) and (c), and 10 to 13, inclusive, were rephrased for
511		-	consistency of style.
512		-
513		-	HSG Joint Favorable Subst. -LCO
	499	+	Statement of Purpose:
	500	+	To prohibit housing providers from considering a prospective tenant's
	501	+	felony conviction in connection with a rental application after certain
	502	+	time periods.
	503	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	504	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	505	+	underlined.]
514	506