Connecticut 2024 2024 Regular Session

Connecticut Senate Bill SB00143 Comm Sub / Analysis

Filed 03/18/2024

                     
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OLR Bill Analysis 
sSB 143  
 
AN ACT CONCERNING EVICTIONS FOR CAUSE.  
 
SUMMARY 
This bill extends certain eviction and rent increase protections to all 
tenants living in specified protected housing types, which include 
buildings and complexes with at least five separate dwelling units and 
certain mobile home parks and dwelling units in common interest 
communities. Under current law, these protections are generally 
available only to specific “protected tenants” living in these housing 
types (those at least age 62 or with disabilities and their family members 
in the household). Existing law, unchanged by the bill, allows landlords 
to evict tenants covered by these protections based only on certain 
grounds. Landlords cannot do so only because the lease is expiring (i.e., 
a lapse of time eviction).  
The bill makes conforming changes by eliminating provisions in 
current law (1) allowing landlords (and certain condominium unit 
owners) to request proof of protected tenant status and (2) requiring 
tenants (or condominium lessees) to provide it within 30 days. 
Current law requires the Department of Housing (DOH) to create a 
notice summarizing protected tenants’ rights related to evictions and 
rent increases and post it on the department’s website. The bill requires 
this notice to reflect its extension of these protections and requires DOH 
to create and post the new notice by December 1, 2024. It 
correspondingly suspends until January 1, 2025, the current 
requirement that landlords or their agents provide certain tenants with 
the DOH notice.  As under current law, this applies whenever a tenant 
enters into or renews a rental agreement for a dwelling unit in a building 
or complex with five or more separate dwelling units or a mobile park 
home with at least five homes.   2024SB-00143-R000038-BA.DOCX 
 
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The bill also makes technical and conforming changes.  
EFFECTIVE DATE: October 1, 2024 
PROTECTION AGAINST CERTAIN EVICTIONS  
Protected Housing Types   
The bill limits the grounds by which landlords (including a licensee 
or owner of a mobile home park) may evict any tenant living in specified 
protected housing types, which include: (1) buildings and complexes 
with at least five separate dwelling units; (2) mobile manufactured home 
parks with at least five homes; or (3) dwelling units in common interest 
communities (a) where the landlord owns at least five units or (b) that 
are converted units meeting certain requirements (see below). Under 
current law, the eviction limitation applies only to certain protected 
tenants living in these housing types, including a tenant who is: 
1. at least age 62, or who permanently lives with a spouse, sibling, 
parent, or grandparent (i.e., family member) meeting this age 
requirement; or 
2. a person with a physical or mental disability, or who 
permanently lives with a family member, including a child, with 
a disability that can be expected to last for at least 12 months or 
result in death. 
Conversion Tenants. Under both current law (just for protected 
tenants) and the bill, this protection applies to certain common interest 
community conversion tenants—that is, those who live in a dwelling 
unit or on a mobile home park space or lot both before and after it 
becomes part of a common interest community or is offered for sale as 
part of one (i.e., a converted unit).  
Under the bill, this includes tenants who live in a building or complex 
with at least five separate dwelling units or mobile manufactured home 
park with at least five homes (rather than those who qualify as protected 
tenants, as under current law). However, the bill also protects 
conversion tenants who do not live in these housing types but meet the 
following requirements (as current law does for those who do not  2024SB-00143-R000038-BA.DOCX 
 
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qualify as protected tenants):  
1. live in a conversion condominium or conversion common 
interest community, created after specified dates, during a 
“transition period” (i.e., the period beginning when a unit is 
converted and ending (a) nine months after the tenant receives a 
required conversion notice or (b) the lease ends, whichever is 
later); or  
2. are expressly protected as conversion tenants under specified 
prior legislation.  
Grounds for Eviction  
 Under the bill, landlords can evict tenants living in protected 
housing types based only on certain grounds, as is the case for protected 
tenants under current law. These are commonly known as “for cause” 
or “just cause” evictions and include the following reasons: 
1. nonpayment of rent,  
2. a breach of tenants’ or mobile home parks residents’ statutory 
duties that affects the health and safety of other tenants or the 
physical condition of the premises (which generally includes 
nuisance and serious nuisance),  
3. noncompliance with the rental agreement or a landlord’s 
lawfully adopted rules and regulations, and  
4. voiding of a rental agreement based on certain illegal activity.  
Additionally, landlords can evict these tenants for other reasons after 
a rental agreement expires, including if (1) the tenant will not agree to a 
fair and equitable rent increase (see below) or (2) the landlord 
permanently removes the unit from the housing market or (except for 
conversion tenants) intends to use it as a principal residence. 
The bill does not allow landlords to evict tenants living in protected 
housing types just because the lease is expiring (i.e., a lapse of time 
eviction).   2024SB-00143-R000038-BA.DOCX 
 
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PROTECTION AGAINST E XCESSIVE RENT INCREA SES  
As under current law for protected tenants, the bill requires rent 
increases for all tenants living in protected housing types to be fair and 
equitable based on the same factors a fair rent commission must 
consider in determining excessive rent increases (see BACKGROUND). 
It allows these tenants, if aggrieved by a rent increase, to file a complaint 
with the fair rent commission, or if living in a municipality without one, 
to go to court to fight the increase. Existing law, unchanged by the bill, 
requires the court to determine whether the rent increase is fair and 
equitable based on the fair rent commission factors described below.  
BACKGROUND 
Fair and Equitable Rent Increases  
Any tenant may file a complaint with a fair rent commission if one 
exists in the municipality where he or she lives. Fair rent commissions 
must consider certain factors when determining whether a rental charge 
or proposed rent increase is excessive to the point of being “harsh and 
unconscionable.” The factors include the following: 
1. rents for comparable units; 
2. amount and frequency of rent increases; 
3. sanitary conditions; 
4. number of bathtubs or showers, toilets, and sinks; 
5. services, furniture, and furnishings; 
6. bedroom size and number; 
7. repairs necessary to make the accommodations livable; 
8. amount of taxes and overhead expenses, including debt service; 
9. compliance with state and local health and safety laws and 
regulations; 
10. renter’s income and housing availability;  2024SB-00143-R000038-BA.DOCX 
 
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11. utility availability; 
12. tenant damage to the premises, other than ordinary wear; and 
13. the degree to which income from the rent increase will be 
reinvested in property improvements (CGS § 7-148c). 
COMMITTEE ACTION 
Housing Committee 
Joint Favorable 
Yea 9 Nay 5 (02/29/2024)