Connecticut 2024 Regular Session

Connecticut Senate Bill SB00143 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 143
	5	+	General Assembly Raised Bill No. 143
8	6		February Session, 2024
	7	+	LCO No. 670
	8	+
	9	+
	10	+	Referred to Committee on HOUSING
	11	+
	12	+
	13	+	Introduced by:
	14	+	(HSG)
	15	+
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12	19		AN ACT CONCERNING EVICTIONS FOR CAUSE.
13	20		Be it enacted by the Senate and House of Representatives in General
14	21		Assembly convened:
15	22
16	23		Section 1. Section 47a-23c of the 2024 supplement to the general 1
17	24		statutes is repealed and the following is substituted in lieu thereof 2
18	25		(Effective October 1, 2024): 3
19	26		(a) (1) Except as provided in subdivision (2) of this subsection, this 4
20	27		section applies to any tenant who resides in a building or complex 5
21	28		consisting of five or more separate dwelling units or who resides in a 6
22	29		mobile manufactured home park. [and who is either: (A) Sixty-two 7
23	30		years of age or older, or whose spouse, sibling, parent or grandparent is 8
24	31		sixty-two years of age or older and permanently resides with that 9
25	32		tenant, or (B) a person with a physical or mental disability, as defined in 10
26	33		subdivision (12) of section 46a-64b, or whose spouse, sibling, child, 11
27	34		parent or grandparent is a person with a physical or mental disability 12
28	35		who permanently resides with that tenant, but only if such disability can 13
29	36		be expected to result in death or to last for a continuous period of at least 14
30		-	twelve months.] 15
	37	+	twelve months.] 15 Raised Bill No. 143
	38	+
	39	+
	40	+
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31	43		(2) With respect to tenants in common interest communities, this 16
32	44		section applies only to (A) a conversion tenant, as defined in subsection 17
33	45		(3) of section 47-283, who (i) [is] resides in a building or complex 18
34		-	described in subdivision (1) of this subsection, or a mobile 19 Substitute Bill No. 143
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	46	+	described in subdivision (1) of this subsection, or a mobile 19
41	47		manufactured home park, or (ii) [is not] does not reside in a building or 20
42	48		complex described in subdivision (1) of this subsection, or a mobile 21
43	49		manufactured home park but, during a transition period, as defined in 22
44	50		subsection (4) of section 47-283, is residing in a conversion 23
45	51		condominium created after May 6, 1980, or in any other conversion 24
46	52		common interest community created after December 31, 1982, or (iii) [is 25
47	53		not] does not reside in a building or complex described in subdivision 26
48	54		(1) of this subsection, or a mobile manufactured home park, but is 27
49	55		otherwise protected as a conversion tenant by public act 80-370, and (B) 28
50	56		a tenant who is not a conversion tenant but [who is described in 29
51	57		subdivision (1) of this subsection if his] whose landlord owns five or 30
52	58		more dwelling units in the common interest community in which the 31
53	59		dwelling unit is located. 32
54	60		(3) As used in this section, "tenant" includes each resident of a mobile 33
55	61		manufactured home park, as defined in section 21-64, including a 34
56	62		resident who owns [his own home] the home in which such resident 35
57	63		resides, "landlord" includes a "licensee" and an "owner" of a mobile 36
58	64		manufactured home park, as defined in section 21-64, "complex" means 37
59	65		two or more buildings on the same or contiguous parcels of real 38
60	66		property under the same ownership, and "mobile manufactured home 39
61	67		park" means a parcel of real property, or contiguous parcels of real 40
62	68		property under the same ownership, upon which five or more mobile 41
63	69		manufactured homes occupied for residential purposes are located. 42
64	70		(b) (1) No landlord may bring an action of summary process or other 43
65	71		action to dispossess a tenant who resides in a building or complex 44
66	72		described in subsection (a) of this section, or a mobile manufactured 45
67	73		home park, except for one or more of the following reasons: (A) 46
68	74		Nonpayment of rent; (B) refusal to agree to a fair and equitable rent 47
69	75		increase, as [defined] described in subsection (c) of this section; (C) 48
70		-	material noncompliance with section 47a-11 or subsection (b) of section 49
	76	+	material noncompliance with section 47a-11 or subsection (b) of section 49 Raised Bill No. 143
	77	+
	78	+
	79	+
	80	+	LCO No. 670 3 of 8
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71	82		21-82, which materially affects the health and safety of the other tenants 50
72	83		or which materially affects the physical condition of the premises; (D) 51
73		-	voiding of the rental agreement pursuant to section 47a-31, or material 52 Substitute Bill No. 143
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	84	+	voiding of the rental agreement pursuant to section 47a-31, or material 52
80	85		noncompliance with the rental agreement; (E) material noncompliance 53
81	86		with the rules and regulations of the landlord adopted in accordance 54
82	87		with section 47a-9 or 21-70; (F) permanent removal by the landlord of 55
83	88		the dwelling unit of such tenant from the housing market; or (G) bona 56
84	89		fide intention by the landlord to use such dwelling unit as [his] such 57
85	90		landlord's principal residence. 58
86	91		(2) The ground stated in subparagraph (G) of subdivision (1) of this 59
87	92		subsection is not available to the owner of a dwelling unit in a common 60
88	93		interest community occupied by a conversion tenant. 61
89	94		(3) A tenant may not be dispossessed for a reason described in 62
90	95		subparagraph (B), (F) or (G) of subdivision (1) of this subsection during 63
91	96		the term of any existing rental agreement. 64
92	97		(c) (1) The rent of a tenant protected by this section may be increased 65
93	98		only to the extent that such increase is fair and equitable, based on the 66
94	99		criteria set forth in section 7-148c. 67
95	100		(2) Any such tenant aggrieved by a rent increase or proposed rent 68
96	101		increase may file a complaint with the fair rent commission, if any, for 69
97	102		the town, city or borough where [his] such tenant's dwelling unit or 70
98	103		mobile manufactured home park lot is located; or, if no such fair rent 71
99	104		commission exists, may bring an action in the Superior Court to contest 72
100	105		the increase. In any such court proceeding, the court shall determine 73
101	106		whether the rent increase is fair and equitable, based on the criteria set 74
102	107		forth in section 7-148c. 75
103	108		[(d) A landlord, to determine whether a tenant is a protected tenant, 76
104	109		as described in subdivision (1) of subsection (a) of this section, may 77
105	110		request proof of such protected status. On such request, any tenant 78
106	111		claiming protection shall provide proof of the protected status within 79
107	112		thirty days. The proof shall include a statement of a physician or an 80
108		-	advanced practice registered nurse in the case of alleged blindness or 81
109		-	other physical disability.] 82
110		-	[(e)] (d) (1) On and after January 1, [2024] 2025, whenever a dwelling 83 Substitute Bill No. 143
	113	+	advanced practice registered nurse in the case of alleged blindness or 81 Raised Bill No. 143
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	119	+	other physical disability.] 82
	120	+	[(e)] (d) (1) On and after January 1, [2024] 2025, whenever a dwelling 83
117	121		unit located in a building or complex consisting of five or more separate 84
118	122		dwelling units or in a mobile manufactured home park is rented to, or a 85
119	123		rental agreement is entered into or renewed with, a tenant, the landlord 86
120	124		of such dwelling unit or such landlord's agent shall provide such tenant 87
121	125		with written notice of the provisions of subsections (b) and (c) of this 88
122	126		section in a form as described in subdivision (2) of this subsection. 89
123	127		(2) Not later than December 1, [2023] 2024, the Commissioner of 90
124	128		Housing shall create a notice to be used by landlords, pursuant to 91
125	129		subdivision (1) of this subsection, to inform tenants of the rights 92
126	130		provided to [protected] tenants under subsections (b) and (c) of this 93
127	131		section. Such notice shall be a one-page, plain-language summary of 94
128	132		such rights and shall be available in both English and Spanish. Not later 95
129	133		than December 1, [2023] 2024, such notice shall be posted on the 96
130	134		Department of Housing's Internet web site. 97
131	135		(3) Not later than December 1, 2028, the commissioner shall (A) 98
132	136		translate the notice required under subdivision (2) of this subsection 99
133	137		into the five most commonly spoken languages in the state, as 100
134	138		determined by the commissioner, and (B) post such translations on the 101
135	139		Department of Housing's Internet web site not later than December 1, 102
136	140		2028. 103
137	141		Sec. 2. Section 47-88b of the general statutes is repealed and the 104
138	142		following is substituted in lieu thereof (Effective October 1, 2024): 105
139		-	(a) Any declarant of a conversion condominium shall include in [his] 106
140		-	~~such declarant's~~ public offering statement, in addition to the 107
141		-	~~requirements of section 47-~~71b the following: 108
	143	+	(a) Any declarant of a conversion condominium shall include in his 106
	144	+	public offering statement, in addition to the requirements of section 47-107
	145	+	71b the following: 108
142	146		(1) A specific statement of the amount of any initial or special 109
143	147		condominium fee due from the purchaser on or before settlement of the 110
144		-	purchase contract and the basis of such fee. 111
	148	+	purchase contract and the basis of such fee. 111 Raised Bill No. 143
	149	+
	150	+
	151	+
	152	+	LCO No. 670 5 of 8
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145	154		(2) Information on the actual expenditures made on all repairs, 112
146	155		maintenance, operation or upkeep of the subject building or buildings 113
147		-	within the last three years, set forth tabularly with the proposed budget 114 Substitute Bill No. 143
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	156	+	within the last three years, set forth tabularly with the proposed budget 114
154	157		of the condominiums and cumulatively broken down on a per unit basis 115
155	158		in proportion to the percentage of the undivided interest in the common 116
156	159		expenses allocated to each unit by the condominium instruments. If 117
157	160		such building or buildings have not been occupied for a period of three 118
158	161		years then the information shall be set forth for the maximum period 119
159	162		such building or buildings have been occupied. 120
160	163		(3) A description of the provisions made in the budget for adequate 121
161	164		reserves for capital expenditures and an explanation of the basis for such 122
162	165		reserves as required by section 47-88e. 123
163	166		(4) A statement of the declarant, certified by a professional engineer 124
164	167		registered or exempted under chapter 391, as to the present conditions 125
165	168		of all structural and major mechanical components in the condominium 126
166	169		which statement shall include the approximate dates of construction, 127
167	170		installation and major repairs, and the expected useful life of each item, 128
168	171		together with the estimated cost, in current dollars, of replacing each of 129
169	172		the same. 130
170	173		(b) In the case of a conversion condominium, the landlord or 131
171	174		developer shall give at least one hundred eighty [days] days' notice to 132
172	175		each of the tenants of the building or buildings which are to be 133
173	176		submitted to the provisions of this chapter. Such notice shall be hand-134
174	177		delivered or sent by certified mail, return receipt requested, and shall 135
175	178		inform tenants of: (1) The owner's intent to create a conversion 136
176	179		condominium; (2) the exclusive right of each tenant to contract for the 137
177		-	purchase of [his] such tenant's unit during the first ninety days; (3) the 138
178		-	right of each tenant to remain in [his] such tenant's unit for one hundred 139
179		-	eighty days or until the expiration of [his] such tenant's lease; (4) the 140
180		-	possibility of relocation assistance and the address and phone number 141
181		-	for information concerning such assistance; (5) the availability of state 142
182		-	financial assistance to assist a tenant in the purchase of [his] such 143
183		-	tenant's unit; and (6) whether the declarant is offering or arranging any 144
184		-	special financing. Such notice shall be accompanied by a copy of the 145
185		-	public offering statement containing the information required by section 146
186		-	47-71b and subsection (a) of this section. 147 Substitute Bill No. 143
	180	+	purchase of his unit during the first ninety days; (3) the right of each 138
	181	+	tenant to remain in [his] such tenant's unit for one hundred eighty days 139
	182	+	or until the expiration of [his] such tenant's lease; (4) the possibility of 140
	183	+	relocation assistance and the address and phone number for 141
	184	+	information concerning such assistance; (5) the availability of state 142
	185	+	financial assistance to assist a tenant in the purchase of his unit; and (6) 143
	186	+	whether the declarant is offering or arranging any special financing. 144 Raised Bill No. 143
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	192	+	Such notice shall be accompanied by a copy of the public offering 145
	193	+	statement containing the information required by section 47-71b and 146
	194	+	subsection (a) of this section. 147
193	195		(c) For a period of ninety days after the thirty-day period established 148
194	196		under subsection [(j)] (i) of this section, each of [the said] such tenants 149
195	197		shall have the exclusive right to contract for the purchase of the unit [he] 150
196	198		the tenant occupies. Any tenants who do not exercise [said] such option 151
197	199		shall be entitled to remain in the premises under their existing leases, 152
198	200		subject to all the terms and conditions contained therein, except that 153
199		-	upon the filing of the declaration, [said] the lease shall be considered 154
	201	+	upon the filing of the declaration [said] the lease shall be considered 154
200	202		assigned to the declarant. After receiving such notice a tenant may 155
201	203		abandon [his] such tenant's unit and terminate [his] such tenant's 156
202	204		tenancy without incurring any liability for such early termination of 157
203		-	[his] the rental agreement, provided [he] such tenant gives one month's 158
	205	+	[his] the rental agreement provided [he] such tenant gives one month's 158
204	206		advance notice to the landlord. At the option of the tenant, any lease 159
205	207		which expires within such one hundred eighty-day period shall be 160
206	208		extended to the end of such period and no increase in rent may take 161
207	209		effect during such period. 162
208	210		(d) Except pursuant to a purchase agreement for a unit, any provision 163
209	211		in a contract, lease or other undertaking [which] that allows a landlord 164
210	212		or developer at [his] the landlord or developer's option to cancel and 165
211	213		terminate such contract, lease or other undertaking upon the conversion 166
212	214		of the property to the condominium form of ownership without 167
213	215		conforming to the notice and option requirements of this section is 168
214	216		hereby declared to be unenforceable and contrary to public policy. 169
215	217		(e) Any declarant of a conversion condominium shall, in addition to 170
216	218		the requirements of subsection (a) of this section, include with the 171
217	219		condominium instruments a copy of the notice set forth in subsection 172
218	220		(b) of this section and a certified statement that such notice, fully 173
219	221		complying with the provisions of subsection (b) of this section, was, 174
220	222		prior to the time of the recording of the declaration of condominium, 175
221	223		mailed or delivered to each of the tenants in the building or buildings to 176
222		-	be converted. 177
	224	+	be converted. 177 Raised Bill No. 143
	225	+
	226	+
	227	+
	228	+	LCO No. 670 7 of 8
	229	+
223	230		(f) Any declarant of a conversion condominium shall, in addition to 178
224	231		the filing required by section 47-71, file with the Department of Housing 179
225		-	within one hundred twenty days of the giving of the notice required by 180 Substitute Bill No. 143
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	232	+	within one hundred twenty days of the giving of the notice required by 180
232	233		subsection (b) of this section: (1) A copy of the declaration and the public 181
233	234		offering statement submitted to each tenant, and (2) a sworn statement 182
234	235		that each tenant who is entitled to receive notice under subsection (b) of 183
235	236		this section and has not exercised [his] such tenant's option to buy has 184
236	237		received the notice required by subsection (b) of this section and has 185
237	238		received relocation assistance which has included information on the 186
238	239		availability of alternate housing, financing programs and federal, state 187
239	240		and municipal housing assistance and the availability of moving and 188
240	241		relocation expenses under section 47-88d, or that reasonable efforts have 189
241	242		been made to provide such relocation assistance to such tenant. If at the 190
242	243		time of such filing all of the tenants have not received notice under 191
243	244		subsection (b) of this section, the declarant shall file subsequent sworn 192
244	245		statements with the department [within] not later than one hundred 193
245	246		twenty days [of] after the date notice was given to a tenant. The 194
246	247		department shall charge a fee of two dollars per unit converted for such 195
247		-	filing. The Commissioner of Housing shall adopt regulations, in 196
248		-	accordance with the provisions of chapter 54, within ninety days of May 197
	248	+	filing. The Commissioner of Housing shall adopt regulations in 196
	249	+	accordance with the provisions of chapter 54 within ninety days of May 197
249	250		7, 1980, to determine the type of information to be included in such 198
250	251		relocation assistance. 199
251	252		(g) No eviction proceedings shall be brought against any of the 200
252	253		occupants [resident] residing in any building or group of buildings 201
253	254		converted to condominium ownership pursuant to this section within 202
254	255		the term of any existing lease or within the one-hundred-eighty-day 203
255	256		period provided for under subsection (b) of this section, whichever is 204
256	257		later, for failure to purchase or any other reasons applicable to 205
257	258		termination of tenancy other than nonpayment of rent or similar 206
258	259		justifiable reasons ordinary to landlord rights where a lease exists 207
259	260		assuring quiet enjoyment. 208
260	261		(h) A declarant of a conversion condominium or a unit owner shall 209
261	262		give at least sixty [days] days' notice of any proposed rent increase to 210
262		-	any lessee whose eviction is prohibited under subsection (b) of section 211
263		-	47a-23c, as amended by this act. Any such lessee may abandon [his] the 212
264		-	lessee's unit and terminate [his] such lessee's tenancy without incurring 213 Substitute Bill No. 143
	263	+	any lessee whose eviction is prohibited under subsection (b) of section 211 Raised Bill No. 143
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	269	+	47a-23c, as amended by this act. Any such lessee may abandon [his] the 212
	270	+	lessee's unit and terminate [his] such lessee's tenancy without incurring 213
271	271		any liability for an early termination of [his] the rental agreement 214
272	272		provided [he] the lessee gives thirty [days] days' notice to the declarant 215
273	273		or unit owner. 216
274	274		[(i) After the conversion of a dwelling unit in a building to 217
275	275		condominium ownership, the declarant or unit owner, for the purpose 218
276	276		of determining if a lessee's eviction is prohibited under subsection (b) of 219
277	277		section 47a-23c, may ask any lessee to provide proof of the age, 220
278	278		blindness or physical disability of such lessee or any person residing 221
279	279		with him, or of the familial relationship existing between such lessee 222
280	280		and any person residing with him. The lessee shall provide such proof, 223
281	281		including, in the case of alleged physical disability, a statement of a 224
282	282		physician, a physician assistant or an advanced practice registered nurse 225
283	283		or, in the case of alleged blindness, a statement of a physician, an 226
284	284		advanced practice registered nurse or an optometrist, within thirty 227
285	285		days.] 228
286	286		[(j)] (i) During the first thirty days of the one hundred eighty-day 229
287	287		period under subsection (b) of this section, an organization, if any, 230
288		-	representing tenants of a building or buildings [being submitted~~] subject~~ 231
289		-	~~to the~~ provisions of this chapter shall have the exclusive right to contract 232
290		-	~~for~~ the purchase of such building or buildings. 233
	288	+	representing tenants of a building or buildings being submitted to the 231
	289	+	provisions of this chapter shall have the exclusive right to contract for 232
	290	+	the purchase of such building or buildings. 233
291	291		This act shall take effect as follows and shall amend the following
292	292		sections:
293	293
294	294		Section 1 October 1, 2024 47a-23c
295	295		Sec. 2 October 1, 2024 47-88b
296	296
297		-	Statement of Legislative Commissioners:
298		-	In Section 2(a), "his" was changed to "such declarant's" for consistency,
299		-	in Sections 2(b)(2) and 2(b)(5), "his" was changed to "such tenant's" for
300		-	consistency, and in Section 2(i), "being submitted" was changed to
301		-	"subject" for clarity.
302		-
303		-	HSG Joint Favorable Subst. -LCO
	297	+	Statement of Purpose:
	298	+	To require cause for the eviction of certain tenants and residents of
	299	+	mobile manufactured home parks.
	300	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	301	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	302	+	underlined.]
304	303