Connecticut 2024 2024 Regular Session

Connecticut Senate Bill SB00209 Comm Sub / Bill

Filed 04/16/2024

                     
 
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General Assembly Substitute Bill No. 209  
February Session, 2024 
 
 
 
 
 
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statutes is repealed and the following is substituted in lieu thereof 2 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 unit"] "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 
(3) ["agent in charge"] "Agent in charge" or "agent" means [one] an 14 
individual who manages real [estate] property, including, but not 15 
limited to, the collection of rents and supervision and maintenance of 16 
such property, including for the purposes of compliance with state and 17  Substitute Bill No. 209 
 
 
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local codes; 18 
(4) ["controlling participant"] "Controlling participant" means an 19 
individual [that] who exercises day-to-day financial or operational 20 
control; [, and] 21 
(5) ["project-based housing provider"] "Project-based housing 22 
provider" means a property owner who contracts with the United States 23 
Department of Housing and Urban Development to provide housing to 24 
tenants under the federal Housing Choice Voucher Program, 42 USC 25 
1437f(o); 26 
(6) "Identifying information" means proof of an individual's name, 27 
date of birth, current residential address, motor vehicle operator's 28 
license number or other identification number issued by any 29 
government agency or entity; 30 
(7) "Nonresident owner" means an individual who does not reside at 31 
rental real property who is (A) an owner, as defined in section 47a-1, of 32 
such real property, or (B) the controlling participant of the entity that 33 
owns such real property; and 34 
(8) "Population" means the number of persons according to the most 35 
recent federal decennial census. 36 
(b) Any municipality may, and any municipality with a population 37 
of twenty-five thousand or more shall, require the nonresident owner or 38 
project-based housing provider of occupied or vacant rental real 39 
property to report to the tax assessor, or other municipal [office] officer 40 
designated by the municipality, the current residential address of the 41 
nonresident owner or project-based housing provider of such property, 42 
if the nonresident owner or project-based housing provider is an 43 
individual, or the current residential address of the agent in charge of 44 
the building, if the nonresident owner or project-based housing 45 
provider is a corporation, partnership, trust or other legally recognized 46 
entity owning rental real property in the state. If the nonresident owners 47 
or project-based housing providers are a corporation, partnership, trust 48  Substitute Bill No. 209 
 
 
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or other legally recognized entity owning rental real property in the 49 
state, such report shall also include identifying information and the 50 
current residential address of each controlling participant associated 51 
with the property. If such residential address changes, notice of the new 52 
residential address shall be provided by such nonresident owner, 53 
project-based housing provider or agent in charge of the building to the 54 
office of the tax assessor or other designated municipal office not more 55 
than twenty-one days after the date that the address change occurred. If 56 
the nonresident owner, project-based housing provider or agent fails to 57 
file an address under this section, the address to which the municipality 58 
mails property tax bills for the rental real property shall be deemed to 59 
be the nonresident owner, project-based housing provider or agent's 60 
current address. Such address may be used for compliance with the 61 
provisions of subsection [(c)] (d) of this section. 62 
(c) In addition to the residential address required pursuant to 63 
subsection (b) of this section, any municipality with a population of 64 
twenty-five thousand or more shall require the nonresident owner, 65 
project-based housing provider or agent in charge, as applicable, to 66 
report to the tax assessor, or other municipal officer designated by the 67 
municipality, accurate identifying information concerning such 68 
nonresident owner, project-based housing provider or agent in charge. 69 
[(c)] (d) Service of state or municipal orders relating to maintenance 70 
of such rental real property or compliance with state law and local codes 71 
concerning such real property directed to the nonresident owner, 72 
project-based housing provider or agent at the address on file, or 73 
deemed to be on file in accordance with the provisions of this section, 74 
shall be sufficient proof of service of notice of such orders in any 75 
subsequent criminal or civil action against the owner, project-based 76 
housing provider or agent for failure to comply with the orders. The 77 
provisions of this section shall not be construed to limit the validity of 78 
any other means of giving notice of such orders that may be used by the 79 
state or such municipality. 80 
[(d)] (e) Any person who violates any provision of this section shall 81  Substitute Bill No. 209 
 
 
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have committed [an infraction] a violation. 82 
[(e)] (f) Any report provided to a tax assessor pursuant to subsection 83 
(b) or (c) of this section [on or after October 1, 2023,] shall be confidential 84 
and shall not be disclosed under chapter 14. 85 
Sec. 2. Subsection (a) of section 47a-7 of the general statutes is 86 
repealed and the following is substituted in lieu thereof (Effective October 87 
1, 2024): 88 
(a) A landlord shall: (1) Comply with the requirements of chapter 89 
368o and all applicable building and housing codes materially affecting 90 
health and safety of both the state or any political subdivision thereof; 91 
(2) make all repairs and do whatever is necessary to put and keep the 92 
premises in a fit and habitable condition, except where the premises are 93 
intentionally rendered unfit or uninhabitable by the tenant, a member 94 
of [his] such tenant's family or other person on the premises with [his] 95 
such tenant's consent, in which case such duty shall be the responsibility 96 
of [the] such tenant; (3) keep all common areas of the premises in a clean 97 
and safe condition; (4) maintain in good and safe working order and 98 
condition all electrical, plumbing, sanitary, heating, ventilating and 99 
other facilities and appliances and elevators, supplied or required to be 100 
supplied by him; (5) provide and maintain appropriate receptacles for 101 
the removal of ashes, garbage, rubbish and other waste incidental to the 102 
occupancy of the dwelling unit and arrange for their removal; [and] (6) 103 
supply running water and reasonable amounts of hot water at all times 104 
and reasonable heat [except if] unless (A) the building which includes 105 
the dwelling unit is not required by law to be equipped for that purpose, 106 
or [if] (B) the dwelling unit is so constructed that heat or hot water is 107 
generated by an installation within the exclusive control of the tenant or 108 
supplied by a direct public utility connection; and (7) comply with the 109 
requirements of section 47a-6a, as amended by this act. 110 
Sec. 3. Section 29-254a of the general statutes is repealed and the 111 
following is substituted in lieu thereof (Effective October 1, 2024): 112 
Any person who violates any provision of the State Building Code 113  Substitute Bill No. 209 
 
 
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shall, for a first offense, be fined not less than two hundred dollars or 114 
more than one thousand dollars or imprisoned not more than six 115 
months, or both, and, for any subsequent offense, be fined not less than 116 
five hundred dollars or more than two thousand dollars or be 117 
imprisoned not more than one year, or both. 118 
Sec. 4. Section 29-291c of the general statutes is repealed and the 119 
following is substituted in lieu thereof (Effective October 1, 2024): 120 
(a) When the State Fire Marshal or a local fire marshal ascertains that 121 
there exists in any building, or upon any premises, a condition that 122 
violates the State Fire Prevention Code or Fire Safety Code, the State Fire 123 
Marshal or local fire marshal shall order such condition remedied by the 124 
owner or occupant of such building or premises. Any such remedy shall 125 
[be in conformance] conform with all building codes, ordinances, rules 126 
and regulations of the municipality [involved] in which such building 127 
or premises is located. Such owner or occupant shall be subject to the 128 
penalties prescribed by subsection (e) of this section and, in addition, 129 
may be fined fifty dollars [a] per day for each [day's continuance of each 130 
violation] day each such violation continues, to be recovered in a proper 131 
action in the name of the state. 132 
(b) Upon failure of an owner or occupant to abate or remedy a 133 
violation pursuant to subsection (a) of this section within a reasonable 134 
period of time specified by the State Fire Marshal or the local fire 135 
marshal, the local fire marshal shall promptly notify, in writing, the 136 
prosecuting attorney having jurisdiction in the municipality in which 137 
such violation or condition exists of all of the relevant facts. The local 138 
fire marshal may request the chief executive officer of the municipality, 139 
any official of the municipality authorized to institute actions on behalf 140 
of the municipality in which the [hazard] violation or condition exists or 141 
the State Fire Marshal, to apply to any court of equitable jurisdiction for 142 
an injunction against such owner or occupant for the purpose of closing 143 
or restricting from public service or use the place or premises containing 144 
the violation or condition until the violation or condition has been 145 
remedied, or the State Fire Marshal may apply for such an injunction 146  Substitute Bill No. 209 
 
 
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without such request. 147 
(c) The State Fire Marshal or any local fire marshal empowered to 148 
enforce the State Fire Prevention Code or Fire Safety Code may, as an 149 
alternative to issuing an order pursuant to subsection (a) of this section, 150 
give the owner or occupant a written citation for any violation of the 151 
applicable code. No such citation may be issued if the owner or 152 
occupant has been previously issued a citation for the same violation by 153 
the State Fire Marshal or the local fire marshal within six months prior 154 
to the current violation. Such citation shall contain the name and 155 
address, if known, of the owner or occupant, the specific offense 156 
charged and the time and place of the violation. The citation shall be 157 
signed by the State Fire Marshal or local fire marshal and shall be signed 158 
by the owner or occupant in acknowledgment that such citation has 159 
been received. The State Fire Marshal or local fire marshal shall, if 160 
practicable, deliver a copy of the citation to the owner or occupant at the 161 
time and place of the violation or shall use some other reasonable means 162 
of notification. Any person who is issued a citation for violation of any 163 
provision of the State Fire Prevention Code or Fire Safety Code in 164 
accordance with this subsection shall be fined not more than two 165 
hundred fifty dollars. 166 
(d) If a local fire marshal issues a citation pursuant to subsection (c) 167 
of this section, the state shall remit to the municipalities in which the 168 
violations occurred ninety per cent of the proceeds of the fine and shall 169 
remit to the State Treasurer the remaining ten per cent. If the State Fire 170 
Marshal issues a citation pursuant to said subsection, the state shall 171 
remit to the State Treasurer the entire proceeds of the fine. Each clerk of 172 
the Superior Court or the Chief Court Administrator, on or before the 173 
thirtieth day of January, April, July and October in each year, shall 174 
certify to the Comptroller the amount due for the previous quarter 175 
under this subsection to each municipality served by the office of the 176 
clerk or official. 177 
(e) In addition to the fine prescribed in subsection (a) of this section, 178 
any person who violates any provision of the State Fire Prevention Code 179  Substitute Bill No. 209 
 
 
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or Fire Safety Code shall, for a first offense, be fined not less than two 180 
hundred dollars or more than one thousand dollars or be imprisoned 181 
not more than six months, or both, and, for any subsequent offense, be 182 
fined not less than five hundred dollars or more than one thousand 183 
dollars or be imprisoned not more than one year, or both. 184 
Sec. 5. Section 29-394 of the general statutes is repealed and the 185 
following is substituted in lieu thereof (Effective October 1, 2024): 186 
Any person who, by himself or his agent, fails to comply with the 187 
written order of a building inspector for the provision of additional exit 188 
facilities in a building, the repair or alteration of a building or the 189 
removal of a building or any portion thereof, shall, for a first offense, be 190 
fined not less than two hundred dollars nor more than one thousand 191 
dollars or imprisoned not more than six months, or both, and, for any 192 
subsequent offense, be fined not less than five hundred dollars or more 193 
than two thousand dollars or be imprisoned not more than one year, or 194 
both.  195 
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 Legislative Commissioners:   
In Section 1(b) and (c), "not less than twenty-five thousand" was 
changed to "twenty-five thousand or more" for consistency with 
standard drafting conventions; in Section 1(c), ", as applicable," was 
added for clarity; in Section 2(a), "his" was changed to "such tenant's", 
"except if" was changed to "unless" and subparagraph designators were 
added for clarity; in Section 4(a), "be in conformance" was changed to 
"conform" for conciseness, "involved" was changed to "in which such 
building or premises is located" for clarity, and the provision concerning 
the fine was rewritten for clarity; and in Section 4(b), "of the  Substitute Bill No. 209 
 
 
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municipality" was added after "chief executive officer" for clarity and 
"hazard" was changed to "violation or condition" for consistency. 
 
HSG Joint Favorable Subst. C/R 	JUD 
JUD Joint Favorable Subst.-LCO