LCO No. 237 1 of 7 General Assembly Raised Bill No. 209 February Session, 2024 LCO No. 237 Referred to Committee on HOUSING Introduced by: (HSG) AN ACT CONCERNING NONRESIDENT LANDLORD REGISTRATION AND INCREASING PENALTIES FOR REPEAT BUILDING AND FIRE CODE VIOLATIONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 47a-6a of the 2024 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective October 1, 2024): 3 (a) As used in this section: [,] 4 (1) ["address"] "Address" means a location as described by the full 5 street number, if any, the street name, the city or town, and the state, 6 and not a mailing address such as a post office box; [,] 7 (2) ["dwelling] "Dwelling unit" means any house or building, or 8 portion thereof, which is rented, leased or hired out to be occupied, or 9 is arranged or designed to be occupied, or is occupied, as the home or 10 residence of one or more persons, living independently of each other, 11 and doing their cooking upon the premises, and having a common right 12 in the halls, stairways or yards; [,] 13 Raised Bill No. 209 LCO No. 237 2 of 7 (3) ["agent] "Agent in charge" or "agent" means [one] an individual 14 who manages real [estate] property, including, but not limited to, the 15 collection of rents and supervision and maintenance of such property, 16 including for the purposes of compliance with state and local codes; 17 (4) ["controlling] "Controlling participant" means an individual [that] 18 who exercises day-to-day financial or operational control; [, and] 19 (5) ["project-based] "Project-based housing provider" means a 20 property owner who contracts with the United States Department of 21 Housing and Urban Development to provide housing to tenants under 22 the federal Housing Choice Voucher Program, 42 USC 1437f(o); 23 (6) "Identifying information" means proof of an individual's name, 24 date of birth, current residential address, motor vehicle operator's 25 license number or other identification number issued by any 26 government agency or entity; and 27 (7) "Population" means the number of persons according to the most 28 recent federal decennial census. 29 (b) Any municipality may, and any municipality with a population 30 of not less than twenty-five thousand shall, require the nonresident 31 owner or project-based housing provider of occupied or vacant rental 32 real property to report to the tax assessor, or other municipal [office] 33 officer designated by the municipality, the current residential address 34 of the nonresident owner or project-based housing provider of such 35 property, if the nonresident owner or project-based housing provider is 36 an individual, or the current residential address of the agent in charge 37 of the building, if the nonresident owner or project-based housing 38 provider is a corporation, partnership, trust or other legally recognized 39 entity owning rental real property in the state. If the nonresident owners 40 or project-based housing providers are a corporation, partnership, trust 41 or other legally recognized entity owning rental real property in the 42 state, such report shall also include identifying information and the 43 current residential address of each controlling participant associated 44 with the property. If such residential address changes, notice of the new 45 Raised Bill No. 209 LCO No. 237 3 of 7 residential address shall be provided by such nonresident owner, 46 project-based housing provider or agent in charge of the building to the 47 office of the tax assessor or other designated municipal office not more 48 than twenty-one days after the date that the address change occurred. If 49 the nonresident owner, project-based housing provider or agent fails to 50 file an address under this section, the address to which the municipality 51 mails property tax bills for the rental real property shall be deemed to 52 be the nonresident owner, project-based housing provider or agent's 53 current address. Such address may be used for compliance with the 54 provisions of subsection [(c)] (d) of this section. 55 (c) In addition to the residential address required pursuant to 56 subsection (b) of this section, any municipality with a population of not 57 less than twenty-five thousand shall require the nonresident owner, 58 project-based housing provider or agent in charge to report to the tax 59 assessor, or other municipal officer designated by the municipality, 60 accurate identifying information concerning such nonresident owner, 61 project-based housing provider or agent in charge. 62 [(c)] (d) Service of state or municipal orders relating to maintenance 63 of such rental real property or compliance with state law and local codes 64 concerning such real property directed to the nonresident owner, 65 project-based housing provider or agent at the address on file, or 66 deemed to be on file in accordance with the provisions of this section, 67 shall be sufficient proof of service of notice of such orders in any 68 subsequent criminal or civil action against the owner, project-based 69 housing provider or agent for failure to comply with the orders. The 70 provisions of this section shall not be construed to limit the validity of 71 any other means of giving notice of such orders that may be used by the 72 state or such municipality. 73 [(d)] (e) Any person who violates any provision of this section shall 74 have committed [an infraction] a violation. 75 [(e)] (f) Any report provided to a tax assessor pursuant to subsection 76 (b) or (c) of this section [on or after October 1, 2023,] shall be confidential 77 Raised Bill No. 209 LCO No. 237 4 of 7 and shall not be disclosed under chapter 14. 78 Sec. 2. Subsection (a) of section 47a-7 of the general statutes is 79 repealed and the following is substituted in lieu thereof (Effective October 80 1, 2024): 81 (a) A landlord shall: (1) Comply with the requirements of chapter 82 368o and all applicable building and housing codes materially affecting 83 health and safety of both the state or any political subdivision thereof; 84 (2) make all repairs and do whatever is necessary to put and keep the 85 premises in a fit and habitable condition, except where the premises are 86 intentionally rendered unfit or uninhabitable by the tenant, a member 87 of his family or other person on the premises with his consent, in which 88 case such duty shall be the responsibility of the tenant; (3) keep all 89 common areas of the premises in a clean and safe condition; (4) maintain 90 in good and safe working order and condition all electrical, plumbing, 91 sanitary, heating, ventilating and other facilities and appliances and 92 elevators, supplied or required to be supplied by him; (5) provide and 93 maintain appropriate receptacles for the removal of ashes, garbage, 94 rubbish and other waste incidental to the occupancy of the dwelling unit 95 and arrange for their removal; [and] (6) supply running water and 96 reasonable amounts of hot water at all times and reasonable heat except 97 if the building which includes the dwelling unit is not required by law 98 to be equipped for that purpose or if the dwelling unit is so constructed 99 that heat or hot water is generated by an installation within the exclusive 100 control of the tenant or supplied by a direct public utility connection; 101 and (7) comply with the requirements of section 47a-6a, as amended by 102 this act. 103 Sec. 3. Section 29-254a of the general statutes is repealed and the 104 following is substituted in lieu thereof (Effective October 1, 2024): 105 Any person who violates any provision of the State Building Code 106 shall, for a first offense, be fined not less than two hundred dollars or 107 more than one thousand dollars or imprisoned not more than six 108 months, or both, and, for any subsequent offense, be fined not less than 109 Raised Bill No. 209 LCO No. 237 5 of 7 five hundred dollars or more than two thousand dollars or imprisoned 110 not more than one year, or both. 111 Sec. 4. Section 29-291c of the general statutes is repealed and the 112 following is substituted in lieu thereof (Effective October 1, 2024): 113 (a) When the State Fire Marshal or a local fire marshal ascertains that 114 there exists in any building, or upon any premises, a condition that 115 violates the State Fire Prevention Code or Fire Safety Code, the State Fire 116 Marshal or local fire marshal shall order such condition remedied by the 117 owner or occupant of such building or premises. Any such remedy shall 118 be in conformance with all building codes, ordinances, rules and 119 regulations of the municipality involved. Such owner or occupant shall 120 be subject to the penalties prescribed by subsection (e) of this section 121 and, in addition, may be fined fifty dollars a day for each day's 122 continuance of each violation, to be recovered in a proper action in the 123 name of the state. 124 (b) Upon failure of an owner or occupant to abate or remedy a 125 violation pursuant to subsection (a) of this section within a reasonable 126 period of time specified by the State Fire Marshal or the local fire 127 marshal, the local fire marshal shall promptly notify, in writing, the 128 prosecuting attorney having jurisdiction in the municipality in which 129 such violation or condition exists of all of the relevant facts. The local 130 fire marshal may request the chief executive officer, any official of the 131 municipality authorized to institute actions on behalf of the 132 municipality in which the hazard exists or the State Fire Marshal, to 133 apply to any court of equitable jurisdiction for an injunction against 134 such owner or occupant for the purpose of closing or restricting from 135 public service or use the place or premises containing the violation or 136 condition until the violation or condition has been remedied, or the State 137 Fire Marshal may apply for such an injunction without such request. 138 (c) The State Fire Marshal or any local fire marshal empowered to 139 enforce the State Fire Prevention Code or Fire Safety Code may, as an 140 alternative to issuing an order pursuant to subsection (a) of this section, 141 Raised Bill No. 209 LCO No. 237 6 of 7 give the owner or occupant a written citation for any violation of the 142 applicable code. No such citation may be issued if the owner or 143 occupant has been previously issued a citation for the same violation by 144 the State Fire Marshal or the local fire marshal within six months prior 145 to the current violation. Such citation shall contain the name and 146 address, if known, of the owner or occupant, the specific offense 147 charged and the time and place of the violation. The citation shall be 148 signed by the State Fire Marshal or local fire marshal and shall be signed 149 by the owner or occupant in acknowledgment that such citation has 150 been received. The State Fire Marshal or local fire marshal shall, if 151 practicable, deliver a copy of the citation to the owner or occupant at the 152 time and place of the violation or shall use some other reasonable means 153 of notification. Any person who is issued a citation for violation of any 154 provision of the State Fire Prevention Code or Fire Safety Code in 155 accordance with this subsection shall be fined not more than two 156 hundred fifty dollars. 157 (d) If a local fire marshal issues a citation pursuant to subsection (c) 158 of this section, the state shall remit to the municipalities in which the 159 violations occurred ninety per cent of the proceeds of the fine and shall 160 remit to the State Treasurer the remaining ten per cent. If the State Fire 161 Marshal issues a citation pursuant to said subsection, the state shall 162 remit to the State Treasurer the entire proceeds of the fine. Each clerk of 163 the Superior Court or the Chief Court Administrator, on or before the 164 thirtieth day of January, April, July and October in each year, shall 165 certify to the Comptroller the amount due for the previous quarter 166 under this subsection to each municipality served by the office of the 167 clerk or official. 168 (e) In addition to the fine prescribed in subsection (a) of this section, 169 any person who violates any provision of the State Fire Prevention Code 170 or Fire Safety Code shall, for a first offense, be fined not less than two 171 hundred dollars or more than one thousand dollars or be imprisoned 172 not more than six months, or both, and, for any subsequent offense, be 173 fined not less than five hundred dollars or more than one thousand 174 dollars or imprisoned not more than one year, or both. 175 Raised Bill No. 209 LCO No. 237 7 of 7 Sec. 5. Section 29-394 of the general statutes is repealed and the 176 following is substituted in lieu thereof (Effective October 1, 2024): 177 Any person who, by himself or his agent, fails to comply with the 178 written order of a building inspector for the provision of additional exit 179 facilities in a building, the repair or alteration of a building or the 180 removal of a building or any portion thereof, shall, for a first offense, be 181 fined not less than two hundred dollars nor more than one thousand 182 dollars or imprisoned not more than six months, or both, and, for any 183 subsequent offense, be fined not less than five hundred dollars or more 184 than two thousand dollars or imprisoned not more than one year, or 185 both. 186 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2024 47a-6a Sec. 2 October 1, 2024 47a-7(a) Sec. 3 October 1, 2024 29-254a Sec. 4 October 1, 2024 29-291c Sec. 5 October 1, 2024 29-394 Statement of Purpose: To (1) require certain nonresident landlords, project-based housing providers or agents in charge of rental properties to register certain personal identifying information, and (2) to increase penalties for repeat violations of building and fire codes. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]