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General Assembly Substitute Bill No. 143
February Session, 2024
AN ACT CONCERNING EVICTIONS FOR CAUSE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 47a-23c of the 2024 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2024): 3
(a) (1) Except as provided in subdivision (2) of this subsection, this 4
section applies to any tenant who resides in a building or complex 5
consisting of five or more separate dwelling units or who resides in a 6
mobile manufactured home park. [and who is either: (A) Sixty-two 7
years of age or older, or whose spouse, sibling, parent or grandparent is 8
sixty-two years of age or older and permanently resides with that 9
tenant, or (B) a person with a physical or mental disability, as defined in 10
subdivision (12) of section 46a-64b, or whose spouse, sibling, child, 11
parent or grandparent is a person with a physical or mental disability 12
who permanently resides with that tenant, but only if such disability can 13
be expected to result in death or to last for a continuous period of at least 14
twelve months.] 15
(2) With respect to tenants in common interest communities, this 16
section applies only to (A) a conversion tenant, as defined in subsection 17
(3) of section 47-283, who (i) [is] resides in a building or complex 18
described in subdivision (1) of this subsection, or a mobile 19 Substitute Bill No. 143
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manufactured home park, or (ii) [is not] does not reside in a building or 20
complex described in subdivision (1) of this subsection, or a mobile 21
manufactured home park but, during a transition period, as defined in 22
subsection (4) of section 47-283, is residing in a conversion 23
condominium created after May 6, 1980, or in any other conversion 24
common interest community created after December 31, 1982, or (iii) [is 25
not] does not reside in a building or complex described in subdivision 26
(1) of this subsection, or a mobile manufactured home park, but is 27
otherwise protected as a conversion tenant by public act 80-370, and (B) 28
a tenant who is not a conversion tenant but [who is described in 29
subdivision (1) of this subsection if his] whose landlord owns five or 30
more dwelling units in the common interest community in which the 31
dwelling unit is located. 32
(3) As used in this section, "tenant" includes each resident of a mobile 33
manufactured home park, as defined in section 21-64, including a 34
resident who owns [his own home] the home in which such resident 35
resides, "landlord" includes a "licensee" and an "owner" of a mobile 36
manufactured home park, as defined in section 21-64, "complex" means 37
two or more buildings on the same or contiguous parcels of real 38
property under the same ownership, and "mobile manufactured home 39
park" means a parcel of real property, or contiguous parcels of real 40
property under the same ownership, upon which five or more mobile 41
manufactured homes occupied for residential purposes are located. 42
(b) (1) No landlord may bring an action of summary process or other 43
action to dispossess a tenant who resides in a building or complex 44
described in subsection (a) of this section, or a mobile manufactured 45
home park, except for one or more of the following reasons: (A) 46
Nonpayment of rent; (B) refusal to agree to a fair and equitable rent 47
increase, as [defined] described in subsection (c) of this section; (C) 48
material noncompliance with section 47a-11 or subsection (b) of section 49
21-82, which materially affects the health and safety of the other tenants 50
or which materially affects the physical condition of the premises; (D) 51
voiding of the rental agreement pursuant to section 47a-31, or material 52 Substitute Bill No. 143
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noncompliance with the rental agreement; (E) material noncompliance 53
with the rules and regulations of the landlord adopted in accordance 54
with section 47a-9 or 21-70; (F) permanent removal by the landlord of 55
the dwelling unit of such tenant from the housing market; or (G) bona 56
fide intention by the landlord to use such dwelling unit as [his] such 57
landlord's principal residence. 58
(2) The ground stated in subparagraph (G) of subdivision (1) of this 59
subsection is not available to the owner of a dwelling unit in a common 60
interest community occupied by a conversion tenant. 61
(3) A tenant may not be dispossessed for a reason described in 62
subparagraph (B), (F) or (G) of subdivision (1) of this subsection during 63
the term of any existing rental agreement. 64
(c) (1) The rent of a tenant protected by this section may be increased 65
only to the extent that such increase is fair and equitable, based on the 66
criteria set forth in section 7-148c. 67
(2) Any such tenant aggrieved by a rent increase or proposed rent 68
increase may file a complaint with the fair rent commission, if any, for 69
the town, city or borough where [his] such tenant's dwelling unit or 70
mobile manufactured home park lot is located; or, if no such fair rent 71
commission exists, may bring an action in the Superior Court to contest 72
the increase. In any such court proceeding, the court shall determine 73
whether the rent increase is fair and equitable, based on the criteria set 74
forth in section 7-148c. 75
[(d) A landlord, to determine whether a tenant is a protected tenant, 76
as described in subdivision (1) of subsection (a) of this section, may 77
request proof of such protected status. On such request, any tenant 78
claiming protection shall provide proof of the protected status within 79
thirty days. The proof shall include a statement of a physician or an 80
advanced practice registered nurse in the case of alleged blindness or 81
other physical disability.] 82
[(e)] (d) (1) On and after January 1, [2024] 2025, whenever a dwelling 83 Substitute Bill No. 143
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unit located in a building or complex consisting of five or more separate 84
dwelling units or in a mobile manufactured home park is rented to, or a 85
rental agreement is entered into or renewed with, a tenant, the landlord 86
of such dwelling unit or such landlord's agent shall provide such tenant 87
with written notice of the provisions of subsections (b) and (c) of this 88
section in a form as described in subdivision (2) of this subsection. 89
(2) Not later than December 1, [2023] 2024, the Commissioner of 90
Housing shall create a notice to be used by landlords, pursuant to 91
subdivision (1) of this subsection, to inform tenants of the rights 92
provided to [protected] tenants under subsections (b) and (c) of this 93
section. Such notice shall be a one-page, plain-language summary of 94
such rights and shall be available in both English and Spanish. Not later 95
than December 1, [2023] 2024, such notice shall be posted on the 96
Department of Housing's Internet web site. 97
(3) Not later than December 1, 2028, the commissioner shall (A) 98
translate the notice required under subdivision (2) of this subsection 99
into the five most commonly spoken languages in the state, as 100
determined by the commissioner, and (B) post such translations on the 101
Department of Housing's Internet web site not later than December 1, 102
2028. 103
Sec. 2. Section 47-88b of the general statutes is repealed and the 104
following is substituted in lieu thereof (Effective October 1, 2024): 105
(a) Any declarant of a conversion condominium shall include in [his] 106
such declarant's public offering statement, in addition to the 107
requirements of section 47-71b the following: 108
(1) A specific statement of the amount of any initial or special 109
condominium fee due from the purchaser on or before settlement of the 110
purchase contract and the basis of such fee. 111
(2) Information on the actual expenditures made on all repairs, 112
maintenance, operation or upkeep of the subject building or buildings 113
within the last three years, set forth tabularly with the proposed budget 114 Substitute Bill No. 143
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of the condominiums and cumulatively broken down on a per unit basis 115
in proportion to the percentage of the undivided interest in the common 116
expenses allocated to each unit by the condominium instruments. If 117
such building or buildings have not been occupied for a period of three 118
years then the information shall be set forth for the maximum period 119
such building or buildings have been occupied. 120
(3) A description of the provisions made in the budget for adequate 121
reserves for capital expenditures and an explanation of the basis for such 122
reserves as required by section 47-88e. 123
(4) A statement of the declarant, certified by a professional engineer 124
registered or exempted under chapter 391, as to the present conditions 125
of all structural and major mechanical components in the condominium 126
which statement shall include the approximate dates of construction, 127
installation and major repairs, and the expected useful life of each item, 128
together with the estimated cost, in current dollars, of replacing each of 129
the same. 130
(b) In the case of a conversion condominium, the landlord or 131
developer shall give at least one hundred eighty [days] days' notice to 132
each of the tenants of the building or buildings which are to be 133
submitted to the provisions of this chapter. Such notice shall be hand-134
delivered or sent by certified mail, return receipt requested, and shall 135
inform tenants of: (1) The owner's intent to create a conversion 136
condominium; (2) the exclusive right of each tenant to contract for the 137
purchase of [his] such tenant's unit during the first ninety days; (3) the 138
right of each tenant to remain in [his] such tenant's unit for one hundred 139
eighty days or until the expiration of [his] such tenant's lease; (4) the 140
possibility of relocation assistance and the address and phone number 141
for information concerning such assistance; (5) the availability of state 142
financial assistance to assist a tenant in the purchase of [his] such 143
tenant's unit; and (6) whether the declarant is offering or arranging any 144
special financing. Such notice shall be accompanied by a copy of the 145
public offering statement containing the information required by section 146
47-71b and subsection (a) of this section. 147 Substitute Bill No. 143
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(c) For a period of ninety days after the thirty-day period established 148
under subsection [(j)] (i) of this section, each of [the said] such tenants 149
shall have the exclusive right to contract for the purchase of the unit [he] 150
the tenant occupies. Any tenants who do not exercise [said] such option 151
shall be entitled to remain in the premises under their existing leases, 152
subject to all the terms and conditions contained therein, except that 153
upon the filing of the declaration, [said] the lease shall be considered 154
assigned to the declarant. After receiving such notice a tenant may 155
abandon [his] such tenant's unit and terminate [his] such tenant's 156
tenancy without incurring any liability for such early termination of 157
[his] the rental agreement, provided [he] such tenant gives one month's 158
advance notice to the landlord. At the option of the tenant, any lease 159
which expires within such one hundred eighty-day period shall be 160
extended to the end of such period and no increase in rent may take 161
effect during such period. 162
(d) Except pursuant to a purchase agreement for a unit, any provision 163
in a contract, lease or other undertaking [which] that allows a landlord 164
or developer at [his] the landlord or developer's option to cancel and 165
terminate such contract, lease or other undertaking upon the conversion 166
of the property to the condominium form of ownership without 167
conforming to the notice and option requirements of this section is 168
hereby declared to be unenforceable and contrary to public policy. 169
(e) Any declarant of a conversion condominium shall, in addition to 170
the requirements of subsection (a) of this section, include with the 171
condominium instruments a copy of the notice set forth in subsection 172
(b) of this section and a certified statement that such notice, fully 173
complying with the provisions of subsection (b) of this section, was, 174
prior to the time of the recording of the declaration of condominium, 175
mailed or delivered to each of the tenants in the building or buildings to 176
be converted. 177
(f) Any declarant of a conversion condominium shall, in addition to 178
the filing required by section 47-71, file with the Department of Housing 179
within one hundred twenty days of the giving of the notice required by 180 Substitute Bill No. 143
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subsection (b) of this section: (1) A copy of the declaration and the public 181
offering statement submitted to each tenant, and (2) a sworn statement 182
that each tenant who is entitled to receive notice under subsection (b) of 183
this section and has not exercised [his] such tenant's option to buy has 184
received the notice required by subsection (b) of this section and has 185
received relocation assistance which has included information on the 186
availability of alternate housing, financing programs and federal, state 187
and municipal housing assistance and the availability of moving and 188
relocation expenses under section 47-88d, or that reasonable efforts have 189
been made to provide such relocation assistance to such tenant. If at the 190
time of such filing all of the tenants have not received notice under 191
subsection (b) of this section, the declarant shall file subsequent sworn 192
statements with the department [within] not later than one hundred 193
twenty days [of] after the date notice was given to a tenant. The 194
department shall charge a fee of two dollars per unit converted for such 195
filing. The Commissioner of Housing shall adopt regulations, in 196
accordance with the provisions of chapter 54, within ninety days of May 197
7, 1980, to determine the type of information to be included in such 198
relocation assistance. 199
(g) No eviction proceedings shall be brought against any of the 200
occupants [resident] residing in any building or group of buildings 201
converted to condominium ownership pursuant to this section within 202
the term of any existing lease or within the one-hundred-eighty-day 203
period provided for under subsection (b) of this section, whichever is 204
later, for failure to purchase or any other reasons applicable to 205
termination of tenancy other than nonpayment of rent or similar 206
justifiable reasons ordinary to landlord rights where a lease exists 207
assuring quiet enjoyment. 208
(h) A declarant of a conversion condominium or a unit owner shall 209
give at least sixty [days] days' notice of any proposed rent increase to 210
any lessee whose eviction is prohibited under subsection (b) of section 211
47a-23c, as amended by this act. Any such lessee may abandon [his] the 212
lessee's unit and terminate [his] such lessee's tenancy without incurring 213 Substitute Bill No. 143
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any liability for an early termination of [his] the rental agreement 214
provided [he] the lessee gives thirty [days] days' notice to the declarant 215
or unit owner. 216
[(i) After the conversion of a dwelling unit in a building to 217
condominium ownership, the declarant or unit owner, for the purpose 218
of determining if a lessee's eviction is prohibited under subsection (b) of 219
section 47a-23c, may ask any lessee to provide proof of the age, 220
blindness or physical disability of such lessee or any person residing 221
with him, or of the familial relationship existing between such lessee 222
and any person residing with him. The lessee shall provide such proof, 223
including, in the case of alleged physical disability, a statement of a 224
physician, a physician assistant or an advanced practice registered nurse 225
or, in the case of alleged blindness, a statement of a physician, an 226
advanced practice registered nurse or an optometrist, within thirty 227
days.] 228
[(j)] (i) During the first thirty days of the one hundred eighty-day 229
period under subsection (b) of this section, an organization, if any, 230
representing tenants of a building or buildings [being submitted] subject 231
to the provisions of this chapter shall have the exclusive right to contract 232
for the purchase of such building or buildings. 233
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 47a-23c
Sec. 2 October 1, 2024 47-88b
Statement of Legislative Commissioners:
In Section 2(a), "his" was changed to "such declarant's" for consistency,
in Sections 2(b)(2) and 2(b)(5), "his" was changed to "such tenant's" for
consistency, and in Section 2(i), "being submitted" was changed to
"subject" for clarity.
HSG Joint Favorable Subst. -LCO