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 Section 46a-64b of the general statutes is repealed and the 1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