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OLR Bill Analysis
sSB 209
AN ACT CONCERNING NONRESIDENT LANDLORD
REGISTRATION AND INCREASING PENALTIES FOR REPEAT
BUILDING AND FIRE CODE VIOLATIONS.
SUMMARY
This bill requires municipalities with a population of at least 25,000
based on the most recent decennial census (“covered municipalities”) to
require certain residential property owners and landlords to report
specified information to the municipality, such as their current
residential address. Existing law allows, but does not require, all
municipalities to do so. The bill also modifies the reporting requirement
for these municipalities to include other identifying information for the
owner, landlord, or agent in charge of the building. Under current law,
the identifying information requirement applies only to certain
individuals associated with a business entity that owns rental property.
Additionally, under the bill, violators commit a violation, rather than an
infraction.
The bill adds complying with the modified reporting requirement to
the law’s list of landlord responsibilities (§ 2). Under existing law, (1)
rental agreements cannot allow landlords to receive rent payments for
any period during which the landlord is noncompliant with these
responsibilities (CGS § 47a-4a) and (2) a tenant who claims that the
landlord failed to perform his or her legal duties may generally institute
an action in Superior Court to seek relief (CGS § 47a-14h).
The bill also establishes increased penalties for repeat violations of
the State Building Code, the State Fire Prevention Code and Fire Safety
Code, and certain written orders by building inspectors.
Lastly, it makes technical, conforming, and other minor changes, such
as specifying that the duties of agents in charge of a building include 2024SB-00209-R000502-BA.DOCX
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property supervision and maintenance to comply with state and local
codes.
EFFECTIVE DATE: October 1, 2024
§ 1 — MUNICIPAL LANDLORD IDENTIFICATION REQUIREMENTS
Current law allows municipalities to require nonresident property
owners and landlords renting to federal Housing Choice Voucher
program participants (also known as “project-based housing providers”
or PBHPs) to report certain information to the tax assessor or another
designated municipal officer. This information must include the
following:
1. the owner’s or PBHP’s current residential address, if they are an
individual, or
2. the current residential address of (a) the agent in charge of the
building and (b) each person who exercises day-to-day financial
or operational control of the property (i.e., “controlling
participants”), if the owner or PBHP is a business entity that
owns rental property in the state (i.e., a corporation, partnership,
trust, or other legally recognized entity).
For business entities, this report must also include identifying
information for the controlling participants.
Identifying Information and Nonresident Owners
Current law does not define “identifying information,” but under the
bill it is proof of a person’s name, birthdate, current residential address,
driver’s license number, or other government-issued identification
number. The bill also defines nonresident owner, which is a person who
does not live at the residential rental property and is either (1) an owner
(i.e., one or more people with legal title to the property or beneficial
ownership and a right to present use and enjoyment of the premises,
including mortgagees in possession) or (2) a controlling participant.
Covered Municipalities
Under the bill, covered municipalities must require nonresident 2024SB-00209-R000502-BA.DOCX
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property owners and PBHPs to report the information described above
to them. For these municipalities, the bill also expands the reporting
requirement to include accurate identifying information for the
nonresident owner, PBHP, or agent in charge. Under current law,
reports provided to a tax assessor on or after October 1, 2023, are exempt
from disclosure under the state’s Freedom of Information Act. The bill
makes these reports exempt regardless of when they were provided.
Violations of Reporting Requirement
Under the bill, a person who violates the reporting requirement
discussed above commits a violation, rather than an infraction as under
current law (see BACKGROUND). Consequently, the fine for a violation
under the bill is $100 (rather than being based on the schedule of
infraction fines) and cannot be paid by mail (CGS § 51-164m(f)).
Existing law also allows municipalities to adopt an ordinance setting
a civil penalty for violations of the reporting requirement. The penalty
cannot exceed $500 for a first violation and $1,000 for subsequent
violations. Anyone who is assessed a civil penalty may appeal to the
Superior Court (CGS § 47a-6b).
§§ 3-5 — INCREASED PENALTIES FOR CERTAIN REPEAT CODE
VIOLATIONS
The bill establishes increased penalties for repeat violations of (1) the
State Building Code; (2) the State Fire Prevention Code and Fire Safety
Code; and (3) a building inspector’s written order for providing
additional exits, making repairs or alterations, or removing the building
or a portion of it. The bill retains current law’s penalties for these
violations for a first offense (i.e., a fine between $200 and $1,000,
imprisonment up to six months, or both). Under the bill, the penalties
for subsequent violations are as follows:
1. State Building Code or building inspector’s written order: a fine
between $500 and $2,000, up to one year of imprisonment, or
both;
2. State Fire Prevention Code and Fire Safety Code: a fine between
$500 and $1,000, up to one year of imprisonment, or both. 2024SB-00209-R000502-BA.DOCX
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Under existing law, unchanged by the bill, the fire code-related
violations may also be subject to a fine of $50 per day for each day the
violation continues.
BACKGROUND
Infractions
Infractions are punishable by fines, usually set by Superior Court
judges, of between $35 and $90, plus a $20 or $35 surcharge and an
additional fee based on the amount of the fine. There may be other
added charges depending upon the type of infraction. For example,
certain motor vehicle infractions trigger a Special Transportation Fund
surcharge of 50% of the fine. An infraction is not a crime, and violators
can pay the fine by mail without making a court appearance.
COMMITTEE ACTION
Housing Committee
Joint Favorable Substitute Change of Reference - JUD
Yea 13 Nay 2 (03/07/2024)
Judiciary Committee
Joint Favorable
Yea 29 Nay 7 (03/28/2024)